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Legal Matters
Scotland
Justice secretary indicates delay for juryless rape trials

The justice secretary has indicated that a pilot scheme to hold rape trials without juries present will be delayed until late 2028. Angela Constance stated that she would listen to concerns from MSPs and the legal profession regarding the proposal in the Victims, Witnesses and Justice Reform (Scotland) Bill. The plan for juryless rape trials has been met with controversy, with the Law Society of Scotland arguing that trial by jury for serious crimes is a "basic right" and should not be scrapped. The Justice Committee in Holyrood was divided on the proposal, with SNP members in favour and Labour and Conservative members opposed. Constance's letter to the committee outlined a timeline for the implementation of various provisions in the Bill, with the sexual offenses court set to be implemented in the fourth quarter of 2026 and the pilot for juryless rape trials in the fourth quarter of 2028. The Government will explore the possibility of a panel system for the pilot scheme, where two lay members would sit alongside the judge to decide on rape cases.

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