New policy report on the juryless rape trial pilot in Scotland
Wed 17 April 2024
On 26th October 2023, the Edinburgh Foundation for Women in Law at Edinburgh Law School held a policy roundtable where legal practitioners, academics, and representatives of victim support groups in Scotland discussed the pilot of juryless rape trials introduced by the Victims, Witnesses and Justice Reform (Scotland) Bill.
One of the main policy proposals in the new legislation (contained in clauses 65 and 66) is to carry out a time-limited pilot of juryless rape trials, conducted by a single judge, though potential changes to the pilot are currently being considered. The aims of the pilot are to evaluate how this process is perceived by those involved in the trial, to understand its influence on the effectiveness of rape trial management and to consider its effects on outcomes, including the low conviction rate for sexual offences in Scotland.
As a result, the Edinburgh Foundation for Women in Law today publishes a briefing note from the roundtable. The discussion found that while the pilot of judge-only trials has the potential to improve the experiences of victims and conviction rates in Scotland, it remains a contentious issue and there are some significant considerations, including:
- It remains important to improve training on issues related to the justice process, rape myths and consent, as well as trauma-informed training.
- While this scheme is likely to improve the experiences of survivors during the trial, it is important not to overlook the experiences of survivors before and after the trial process.
- It is vital to ensure fairness for all parties involved, and therefore other models could also be considered in the future (for example, the appointment of more than one judge, or one judge accompanied by two specialist assessors).
About the Edinburgh Foundation for Women in Law
The Edinburgh Foundation for Women in Law seeks to help anyone who identifies as a women working in law reach their full potential. Through advocacy, mentorship, education and community engagement, EFWiL strives to break down barriers, promote equal opportunities and inspire a new generation of legal professionals who will shape a more equitable and just society. Our mission is driven by the belief that a diverse and inclusive legal profession benefits individuals, organisations and society as a whole.
EFWiL is based in Edinburgh Law School at the University of Edinburgh and capitalises on its extensive alumni network and its strong links to the legal profession and our students.
EFWiL is currently led by co-directors, Dr Catriona McMillan, Lecturer in Medical Law, and Elisabeth Pope Barlow, Head of Communications and Engagement, at Edinburgh Law School.