Yousaf hopes for ‘flexibility’ from legal groups opposed to juryless trials

Humza Yousaf has said he hopes “flexibility” can be found from legal organisations which are against his Government’s plans to pilot juryless rape trials.

The proposed pilot scheme is part of the Victims, Witnesses and Justice Reform (Scotland) Bill.

The pilot has proved to be the most controversial aspect of the Bill, which introduces a number of reforms to the justice system.

Justice Secretary Angela Constance has indicated the pilot will not take place until late 2028, but groups within the legal profession including the Law Society remain strongly opposed to the idea.

The First Minister was asked about the plan when he visited Smart Green Shipping in North Ayrshire on Wednesday.

He told the PA news agency the Government is “absolutely committed to a pilot”.

The Scottish Government is considering having a panel rather than a single judge rule on cases in the pilot project.

This could be a panel of three judges or one judge and two lay members.

Mr Yousaf said: “We will always be informed by conversations we have with victims and survivors of rape or sexual offences, by the legal profession and by the judiciary.

“For any disagreements we may have, all of us collectively want to see a better system that doesn’t traumatise or retraumatise victims of sexual offences.”

Mr Yousaf said discussions with legal organisations such as bar associations will be important, adding: “If they are dead set against juryless trials or a single judge, well where is the flexibility from them?

“Because I think there is an agreement if the current system doesn’t just traumatise, it retraumatises victims and survivors of sexual offences and rape, that’s unacceptable.

“So let’s find a position where we can pilot another way forward that doesn’t traumatise people who have been through so much already.”

The Law Society of Scotland has said trial by jury for serious crimes is a “basic right” and the plan should be scrapped.

On Tuesday, its president Sheila Webster said: “We remain firmly of the view that this proposed pilot scheme is deeply flawed and should be abandoned, so that MSPs can concentrate on other complex and important elements in this Bill.

“If the juryless trials pilot is to proceed then it cannot be rushed, particularly given the number of other changes to our criminal justice system that are contained in this piece of legislation.”