Jury trials should restart in July: Lord Justice Clerk

Scottish High Court jury trials should begin again in July, the Lord Justice Clerk has announced.

Lady Dorrian, who is chairing a working group to plan how to conduct jury trials while preserving social distancing due to the COVID-19 pandemic, said her group had "identified the steps needed for the first trials to take place in Edinburgh and Glasgow in July".

She warned however that there was still "plenty of work to do" to make this a reality. "The details are now being worked through, and specific plans will be developed for different approaches in each location. It is anticipated that we will use a three-court solution in the High Court in Glasgow, with the jury using the public gallery in the trial courtroom. In Edinburgh, we hope to use a two-court solution, allowing the jury to view the trial remotely from a separate courtroom. Nothing will take place until we have finalised the planning and can provide the assurance that it will be safe for all of those participating in the trial, and that proceedings may be recommenced without significant risk to the administration of justice."

Drawn from across the justice sector, the working group will continue to assess and develop ways to allow more jury trials to take place in both the High Court and sheriff courts, including identifying necessary changes to legislation in order to allow more innovative digital solutions where these are appropriate.

Lady Dorian added: "The courts have been working extremely hard to deliver justice in the current circumstances. The challenges in conducting 15-person jury trials in a physically distanced environment cannot be overestimated. A pool of jurors must be cited, assembled and balloted in a way which respects social distancing guidelines. The court facilities must be configured to ensure the safety of all those involved in the trial, including access for the public and for the media, whilst at the same time ensuring effective participation of all the main participants."

She expressed her gratitude to the members of the working group for their "constructive input,… their effective collaboration and commitment".

Welcoming the announcement, Justice Secretary Humza Yousaf said it was "testament to the hard work and innovative thinking of the group’s members and the Lord Justice Clerk".

He continued: "Scotland’s justice system has seen a great deal of high quality collaborative work, including from the staff working in the courts on a daily basis who are considering and adopting creative approaches to enable criminal justice and civil business to proceed."

"I am grateful to all of the legal and third sector representatives who have given up their time, in this most difficult period, to shape the necessary responses to the ongoing public health crisis."

Ronnie Renucci QC, President of the Scottish Criminal Bar Association, and a member of the working group, commented: "The SCBA very much welcomes Lady Dorrian’s announcement. As advocates specialising in High Court jury trials, we will contribute our expertise and practical experience to the initial test trials, along with our undiminished commitment to see a safe, fair and efficient jury trial system evolve out of the process.

"Whilst we do not underestimate the challenges, we are convinced that the enormous assembly of experience, energy and talent in Lady Dorrian’s working group will galvanise our dormant but vital solemn criminal justice system with jury trials back at the heart of it."