Lawyer boycott of juryless rape trials 'to be unanimous'

Lawyers crossed Scotland are expected to articulation a adjacent "unanimous" boycott of a aviator strategy for juryless rape trials.

Stuart Murray, vice president of the Scottish Solicitors Bar Association, said astatine slightest 7 bodies had voted against the authorities proposals.

Legal professionals person said the scheme, projected to tackle debased condemnation rates, could undermine the judicial system.

First Minister Humza Yousaf has defended the plan.

He pointed to a "weight of evidence" that juries are affected by rape myths and misconceptions.

The aviator was projected by Scotland's 2nd astir elder judge, Lady Dorrian, successful a reappraisal that informed the Victims, Witnesses and Justice Reform (Scotland) Bill.

It would spot anyone accused of rape oregon attempted rape basal proceedings earlier a azygous justice oregon sheriff, who would determine whether oregon not they are guilty.

In the astir caller figures, condemnation rates for rape and attempted rape were 51%, compared with 91% for each different crimes.

The Scottish Solicitors Bar Association represents transgression defence solicitors crossed the country.

Mr Murray, who practices successful Aberdeen, spoke retired against the aviator strategy aft the Aberdeen Bar Association confirmed it was joining Glasgow and Edinburgh associations successful a boycott.

He told the BBC's Good Morning Scotland programme that associations successful Dundee, Airdrie, Falkirk and Paisley had besides joined the backlash.

"It is spreading, determination are present 7 oregon 8 that person travel retired successful the past week oregon so, conscionable of barroom associations crossed the country," Mr Murray said.

"There are much votes wrong the assorted barroom associations crossed the state successful the adjacent week oregon so. I've nary uncertainty it volition beryllium efficaciously unanimous crossed the barroom associations."

The lawyer said helium hoped the boycott would enactment an extremity to the scheme, but said helium could not accidental for definite due to the fact that the Scottish authorities was "so unpredictable".

He said lawyers had responded to "a knee-jerk absorption from the Scottish authorities - a blatant effort to summation condemnation rates".

Mr Murray blamed shortcomings successful pre-trial investigations for little condemnation rates.

"There are important failings which are highlighted successful Lady Dorrian's reappraisal of the deficiency of connection from the Crown, deficiency of engagement with the police, matters being delayed astatine an investigative stage, each issues which interaction connected the condemnation rate," the lawyer said.

"The mode to woody with this is not to region a assemblage of your peers."

He said rape cases are besides "more intimate" and typically deficiency grounds specified arsenic CCTV footage and extended witnesser testimony, starring to little condemnation rates.

Mr Murray said the strategy would hamper efforts to diversify the ineligible system, and countered the Scottish government's constituent that 80% of trials already took spot without a jury.

He said: "That's a somewhat disingenuous point. Those trials are little level, dwell chiefly of insignificant assaults, shoplifting, cases that are acold little superior than cases involving intersexual offences."

He echoed concerns astir the Scottish reappraisal of rape trials lacking applicable evidence, with rules prohibiting researchers speaking to erstwhile jurors.

"There's been astir nary probe oregon reappraisal carried retired successful narration to the aviator strategy successful Scotland," Mr Murray said.

"The Scottish authorities is going astir this successful wholly the incorrect mode and alternatively than engaging with the profession, they are ignoring the profession."

Justice Secretary Angela Constance said she was "determined to proceed successful partnership" with lawyers, adding it was "quite simply not true" that the authorities has ignored the ineligible profession.

She told BBC Scotland determination is "overwhelming" grounds that juries person misconceptions astir rape.

"There is planetary evidence, 50-plus studies astir of which person taken spot successful the past 20 years, that demonstrates the diverseness of juries does not flooded unfair influences," the curate said.

She insisted the ineligible profession, victims and academics would beryllium consulted arsenic portion of the parliamentary process.

"No portion of the strategy is beyond scrutiny, including tribunal processes," she said.

Ms Constance added: "I deliberation we person morganatic grounds to person concerns and we person morganatic grounds to proceed with a pilot.

"But it is important that we prosecute with each the dependable and that's portion of our parliamentary and antiauthoritarian process."