cotland’s most senior judges have warned the SNP plan to pilot juryless rape trials may be unlawful and breach the accused’s human rights.
The Senators of the College of Justice at the Supreme Courts said it could be argued that the pilot scheme was “a court set up by the government with a limited lifespan, and subject to examination and review by the government”.
This could strip the court of its status as an “independent tribunal”, they warned, exceeding the powers of the Scottish Parliament and breaching the right to a fair trial under the European Convention on Human Rights (ECHR).
They also argued that “the combination of such a court with judges who have no security of tenure in that court may not satisfy the requirements of a fair trial”.
Under the current proposals, they said a judge could be removed from the scheme “for any or no reason and with no prior procedure other than consultation”.
Jurors of differing ages
They also argued that it is preferable for a decision to be reached collectively by jurors of differing ages and backgrounds than a single judge, most of whom they said are white, male and in “late middle age”.
The submission by judges who sit in the Court of Session, the High Court and the Court of Criminal Appeal was among almost 250 made to a Holyrood inquiry into the plans.