London Daily

Focus on the big picture.

Humza Yousaf defends rape trial scheme as boycott grows

Humza Yousaf defends rape trial scheme as boycott grows

Humza Yousaf has defended plans to pilot juryless rape trials after lawyers in Aberdeen joined a boycott.

They have accused the Scottish government of a "deeply troubling attack" on the judicial system.

Lawyers in Glasgow and Edinburgh have already said they will refuse to take part in the pilot, which was proposed as part of a new justice reform bill.

The government has said there is "overwhelming evidence" juries are affected by preconceptions about rape.

The change to trials was proposed by Scotland's second most senior judge, Lady Dorrian, in a review that informed the Victims, Witnesses and Justice Reform (Scotland) Bill.

Justice Secretary Angela Constance has claimed that low conviction rates for rape and attempted rape are hampered by the "prevalence of preconceptions".

In the most recent figures, conviction rates for rape and attempted rape were 51%, compared with 91% for all other crimes.

After the Aberdeen Bar Association confirmed it was joining the boycott, Mr Yousaf said he heard their objections "loud and clear".

But he said he remained "absolutely committed" to working with legal professionals on the pilot because convictions for rape are "far too low" compared to other offences.

The first minister said: "We know through the weight of evidence that exists just how many rape myths, rape misconceptions, stereotypes exist.

"That's not in the interest of justice.

"We're talking about a time-limited pilot and I hope that legal professionals that have said they'll boycott will work with us and reconsider that boycott."

Lawyers in Aberdeen have followed colleagues in Glasgow and Edinburgh in vowing to oppose the scheme


The SNP leader said more than 80% of trials already took place without a jury.

Statistics for 2019-20 show 16% of criminal cases were heard by a jury, while 84% were less serious, or summary, cases which were dealt with by a justice of the peace or a sheriff.

Aberdeen Bar Association vice president Ian Woodward-Nutt told BBC Scotland it was "very hard to see how this will proceed" without lawyers agreeing to participate in the pilot.

"Criminal defence lawyers across Scotland will not allow their clients to become guinea pigs in a scheme where the starting point of the scheme is to engineer verdicts to bring about more convictions," Mr Woodward-Nutt said.

He took issue with proposals for public reviews of decisions made by trial judges taking part in the scheme.


'Deeply troubling attack'


The lawyer said: "Never before have decisions at the Scottish criminal courts been subjected to this type of review by the executive.

"So it's clear and it will be clear to any impartial observer that this proposed pilot amounts to a deeply troubling attack, both on the criminal justice system, but also on the independence of our judiciary."

Mr Woodward-Nutt argued juryless trials would lead to a loss of safeguards.

"The Scottish government are proposing an experimental scheme that replaces juries with a specific named trial judge who will, we feel inevitably, be subjected to public scrutiny and thus pressure relative to his or her decision making," he said.

"That cannot be fair, that cannot be appropriate."

Newsletter

Related Articles

London Daily
0:00
0:00
Close
Apple Launches AI Features on Select iPhones
JP Morgan Sued Customers Over Viral Cheque Fraud Scheme
King Charles to Continue Global Tours Despite Cancer Diagnosis
Venice Extends Tourist Entry Fee Program to 2025
Tommy Robinson Charged Under Terrorism Act for Phone Offence
Plans to Increase Employers' National Insurance Announced
Washington Post Editor-at-Large Robert Kagan has RESIGNED after owner Jeff Bezos BARRED the endorsement of Kamala Harris.
Massive Theft of Artisan Cheddar from Neal’s Yard Dairy
US Man Charged with Murder of Co-Worker over Breaks
Carbon Monoxide Incident Claims Lives at UK Care Home
Birmingham Airport Evacuated Due to Suspicious Vehicle
Former US President Barack Obama raps the lyrics to Eminem's ‘Lose Yourself’ after the rapper introduces him at a Kamala Harris rally in Detroit
KYIV URGES NORTH KOREAN TROOPS IN UKRAINE TO SURRENDER
Ofcom Identifies Link Between Social Media Posts and UK Unrest
Russian Boxer Receives Lifetime Ban for Illegal Move in Boxing Debut
Biden Labels Trump a Threat to Democracy
McDonald's Linked to E. coli Outbreak Leading to One Death
Teacher Enoch Burke arrested at Wilson’s Hospital School in Ireland after refusing to endorse and affirm transgender ideology.
FBI Investigates Leak of US Intelligence on Israeli Strike Plans
Israeli Airstrike Targets Hezbollah's Financial Resources
China’s Baidu is revolutionizing transportation with its robotaxi service
Angela Rayner Secures Permanent Seat on UK National Security Council
Russian Ambassador Claims UK's Proxy War in Ukraine
Doctor Advocates for Assisted Dying Law Reform
Ruth Davis Appointed as UK’s First Nature Envoy
Pressure Mounts on Starmer to Discuss Reparations at Commonwealth Summit
James Cleverly’s Costly In-Flight Catering for Government Trips
AI Regulation Takes Center Stage in 2024 US Presidential Campaign
NASA Study Explores Potential Microbial Life Beneath Mars' Ice
Cats: The Liquid-Like Pets
Netanyahu Condemns Alleged Hezbollah Assassination Attempt
Liam Payne's Tragic Death: Tributes Pour In
Cuba's Power Struggles: Nationwide Blackout Strikes Again
Xi Jinping Urges Troops to Prepare for Conflict Amid Taiwan Drills
Farage Supported by US PR Team Linked to Steve Bannon
Controversy Over MP's Comments on Female Candidate's Family Responsibilities
Highlights from the Conservative Leadership Contest TV Debate
Childminder Jailed for Inciting Racial Hatred After Southport Attack
NHS England's Repair Bill Soars to Almost £14 Billion
Russia Accused of Using Incendiary Devices to Disrupt Western Confidence
Culture Wars: 'A Dog Whistle to Attack the Right', Says Badenoch
Virtual Reality and Advanced Technologies in Combating Cocaine Addiction
Chancellor Rachel Reeves Assembles Taskforce to Safeguard Financial Stability Amid Increased Borrowing Plans
RAF Typhoon Intercepts Air India Flight After Bomb Threat
Hamas Chief Yahya Sinwar Killed in Israeli Operation
Fruit Fly Gut Hormone Study Sheds Light on Human Longevity
Tragic Loss: Liam Payne's Passing in Buenos Aires
Liam Payne's Tragic Death in Buenos Aires
Trump Criticizes Zelensky for Role in Ukraine-Russia War
Yahya Sinwar’s Death Marks Pivotal Moment in Gaza War
×