Juryless trials in Scotland have been condemned by the Scottish, English and Welsh, Irish and Northern Ireland bars.
Dr. Sally Penni MBE
Practicing Barrister at Law |TEDx Speaker|Bencher Gray’s Inn| Author 16 books| Non Exec Dir| Host of Talking Law Podcast|Host of The Law and Guidance Podcast |CCMI. FRSA. CEO WITLUK & WOMEN delegate for UN Delegation.
Plans for juryless trials have been condemned by the Scottish, English and Welsh, Irish and Northern Ireland bars. A joint statement said: "It is a matter of considerable concern to the Four Bars that the removal of juries, made up of a cross-section of the public, for rape and other serious sexual offence trials continues to be pursued in Scotland." Read more here,
Following a meeting of the four bars in Belfast recently, their leadership issued a joint statement on the proposed removal of juries for rape and other serious sexual offence trials in Scotland.
The statement was made by Roddy Dunlop KC, Dean of Faculty; Sara Phelan SC, chair, The Bar of Ireland; Moira Smyth KC, chair, The Bar of Northern Ireland and Sam Townend KC, chair of the Bar Council of England & Wales.
They said: “It is a matter of considerable concern to the Four Bars that the removal of juries, made up of a cross-section of the public, for rape and other serious sexual offence trials continues to be pursued in Scotland.
“The proposal has drawn substantial and widespread criticism from academics and the majority of legal professionals. The evidence base demonstrating the possible benefits of such a change is narrow and there are foreseeable negative consequences, including the undermining of faith in, and respect for, the role of the jury throughout our criminal justice systems.
“Trial by a jury of one’s peers is respected throughout the common law world for its veneration of democratic ideals, its age, gender and ethnic inclusiveness, and its respect for citizens’ and judges’ respective roles in the administration of trials of the most serious offences where loss of liberty for a long period is in contemplation.
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“It is for precisely that reason that the constitutions of many common law jurisdictions recognise the importance of the right to jury trial.
“At a time when the separation of court and state, so crucial to liberal democracy, is under attack, the Four Bars stand as one in opposition to this unjustified and dangerous proposed development.
It is hoped that the new First Minister of Scotland will heed these concerns, and change course.
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7moBeing a synic to some and insightful to others, I imagine that Scotland is a global case study. The minute it became possible for a ery small cabal to press pause on planet earth and then to cash out on a solution that didn't fit its dictionary definition means we should all be paying close attention. Laws are absolutes (irrefutable) and one of those components from natural law (real law) is that we will be judged by a jury of our peers without prejudice. The evolution of this important process being removed only leads me to imagine there is a midterm plan to replace jury's with Ai. Now they lay person would think this would be an even more objective process, only who're programs the format realises their agenda. There has been a lot that has taken place to a distracted human population by a very small cabal of power players, including the Police Crimes & Sentencing and Nationalities & Borders Bills. Britain moves slowly and to my mind, these bills were crafter with far too much stealth to be reactions. Now if that is the case, it says that a very well concocted larger and more sinister plan is behind it. Mine is not to convince, rather I say just watch and see. There is no substitute for experience and hindsight is 20:20
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7moWhat comes next Judge Dredd dispensing justice at the roadside.
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7moIn a democratic society, the inclusion of juries in trials serves as a fundamental pillar of justice, ensuring that the accused receives a fair and impartial hearing by a representative cross-section of their peers. Removing juries from trials, particularly in cases involving serious offenses like rape, would not only undermine the principles of democracy but also risk eroding public trust in the legal system. Juries not only bring diverse perspectives and experiences to the courtroom but also act as a safeguard against potential biases or injustices. Therefore, preserving the role of juries in trials is essential for upholding the democratic values of transparency, accountability, and fairness within the legal system. In contrast to established jury systems in countries like Scotland, England, Wales, Ireland, and Northern Ireland, Argentina's jury system is still in its early stages of development. While the Argentinean system is making strides toward incorporating juries into its legal framework, there's recognition that it's a work in progress. Introducing juries represents a significant step toward enhancing democracy and ensuring fair trials here in Argentina.