Humza Yousaf is facing opposition from SNP rebels over plans for juryless rape trials.
A handful of SNP MSPs are planning to either abstain or vote against the proposals when they come before Holyrood at stage one today. One rebel said they knew of at least two others who would register their opposition, but added the figure could be as high as six.
Fergus Ewing, the former SNP minister who is now an outspoken backbench critic, has already said he will not support the legislation.
It is still expected to pass its first stage in the Scottish Parliament, but any rebellion will signal to ministers that changes may be needed further down the line, when amendments are voted on.
The Victims, Witnesses, and Justice Reform Bill contains a raft of measures that would usher in major changes to Scotland’s justice system. As well as a pilot of juryless rape trials, it includes proposals to scrap Scotland’s unique “not proven” verdict.
One SNP rebel said the juryless trials pilot was the “most offensive” part of the legislation, adding: “It’s quite extraordinary.” They said the Government could be defeated at stage three unless changes were made. “It will be dead in the water,” they added.
Stuart Munro, convener of the Law Society of Scotland’s criminal law committee, said: “We’ve briefed MSPs with the key information they need to make an informed contribution to this debate. I would urge them to be mindful that it is the people who interact with Scotland’s criminal justice system – whether they be complainers, witnesses or accused of a crime – who will bear the brunt if there are any missteps with this legislation.
“This Bill contains a large number of complex and overlapping changes to the criminal justice system. Adopting so much significant change in such a short space of time risks unintended consequences, including most concerningly miscarriages of justice, and means it will be difficult to assess which measures have had an impact.
“Our specific areas of concern with this legislation are well documented. We’ve seen no evidence that addresses the warnings of experienced legal practitioners over proposals such as juryless trials. A pilot for judge-only trials in rape cases is highly problematic and should be scrapped, so MSPs have capacity to properly scrutinise the other important sections of the Bill.”
Angela Constance, the SNP justice secretary, previously said a pilot scheme for juryless rape trials would not go ahead until late 2028.
In a letter to Holyrood’s justice committee, she said: “Juries play a key role in Scotland’s justice system, but there is a compelling body of evidence that rape myths may influence the decisions that jurors reach in sexual offence cases.
“That is a risk to the administration of justice, which could in turn undermine public confidence in juries. We believe it is important that we examine the use of juries in rape cases and try to better understand the impacts they have – a time-limited pilot enables us to do that.”
Ms Constance said the Government would explore the possibility of a panel system for the pilot scheme, where two lay members sat alongside the judge to decide on rape cases. Conviction rates for rape are significantly lower than for other types of crimes.
Unfortunetly i doubt there are enough SNP rebels to stop it.
I don’t see a problem with having judge trials for rapists. Why should they get away with a lower standard of criminal prosecution just because it is a non-violent crime?
Anybody in favour of protecting Scots law as a independent, unique, global entity should support judge trials for rapists.
They’re going to abstain which is simply cowardice.
The reason they’re going to abstain is they want to show they’re not happy with it but they don’t want to damage their party by having it actually fail.
I would presume they’ll cook the numbers to make sure it still passes but they can say they didn’t vote for it.
I would be delighted to be wrong. This is absolute travesty from a deeply authoritarian government who cannot admit they got something wrong, and a leader who is even worse.
If we had a second chamber it would be blocked by it.
Suggestion.
Why don’t we just cut to the car chase here. Waste the minimum amount of time and effort and the wear and tear on angry little fingers banging out angry little words, that turn out to be just angry little nonsenses.
That like so many Scottish Government policies, MUP, Hate Crime Bill and progressive taxation. All the “expert opinion” predicting dire consequences, the end of days,.people speaking in tongues and the dead rising to walk the earth is just shite.
Pernicious, shite.
So shut it?
Just putting it out there, let me know what you think*.
*don’t.
Kinda throws all the “SNP = cult” nonsense in the sea, eh?
Haven’t basically all lawyers in Scotland agreed to boycott jury less rape trials? I can’t see them going ahead if it doesn’t s literally impossible to get a defence lawyer into court.
Can anyone explain to me. Why jury less rape trials is the thing they think will fix the system?
I can’t get past – let’s hurt men’s rights so that they suffer too.
FWIW I think the way women in particular are cross examined is disgusting too. This feels like fixing a cut with a nuke
Step closer to Humza’s Sharia Courts – we need the lot of them out at the next election. Bring it on.
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Humza Yousaf is facing opposition from SNP rebels over plans for juryless rape trials.
A handful of SNP MSPs are planning to either abstain or vote against the proposals when they come before Holyrood at stage one today. One rebel said they knew of at least two others who would register their opposition, but added the figure could be as high as six.
Fergus Ewing, the former SNP minister who is now an outspoken backbench critic, has already said he will not support the legislation.
It is still expected to pass its first stage in the Scottish Parliament, but any rebellion will signal to ministers that changes may be needed further down the line, when amendments are voted on.
The Victims, Witnesses, and Justice Reform Bill contains a raft of measures that would usher in major changes to Scotland’s justice system. As well as a pilot of juryless rape trials, it includes proposals to scrap Scotland’s unique “not proven” verdict.
One SNP rebel said the juryless trials pilot was the “most offensive” part of the legislation, adding: “It’s quite extraordinary.” They said the Government could be defeated at stage three unless changes were made. “It will be dead in the water,” they added.
Stuart Munro, convener of the Law Society of Scotland’s criminal law committee, said: “We’ve briefed MSPs with the key information they need to make an informed contribution to this debate. I would urge them to be mindful that it is the people who interact with Scotland’s criminal justice system – whether they be complainers, witnesses or accused of a crime – who will bear the brunt if there are any missteps with this legislation.
“This Bill contains a large number of complex and overlapping changes to the criminal justice system. Adopting so much significant change in such a short space of time risks unintended consequences, including most concerningly miscarriages of justice, and means it will be difficult to assess which measures have had an impact.
“Our specific areas of concern with this legislation are well documented. We’ve seen no evidence that addresses the warnings of experienced legal practitioners over proposals such as juryless trials. A pilot for judge-only trials in rape cases is highly problematic and should be scrapped, so MSPs have capacity to properly scrutinise the other important sections of the Bill.”
Angela Constance, the SNP justice secretary, previously said a pilot scheme for juryless rape trials would not go ahead until late 2028.
In a letter to Holyrood’s justice committee, she said: “Juries play a key role in Scotland’s justice system, but there is a compelling body of evidence that rape myths may influence the decisions that jurors reach in sexual offence cases.
“That is a risk to the administration of justice, which could in turn undermine public confidence in juries. We believe it is important that we examine the use of juries in rape cases and try to better understand the impacts they have – a time-limited pilot enables us to do that.”
Ms Constance said the Government would explore the possibility of a panel system for the pilot scheme, where two lay members sat alongside the judge to decide on rape cases. Conviction rates for rape are significantly lower than for other types of crimes.
Unfortunetly i doubt there are enough SNP rebels to stop it.
I don’t see a problem with having judge trials for rapists. Why should they get away with a lower standard of criminal prosecution just because it is a non-violent crime?
Anybody in favour of protecting Scots law as a independent, unique, global entity should support judge trials for rapists.
They’re going to abstain which is simply cowardice.
The reason they’re going to abstain is they want to show they’re not happy with it but they don’t want to damage their party by having it actually fail.
I would presume they’ll cook the numbers to make sure it still passes but they can say they didn’t vote for it.
I would be delighted to be wrong. This is absolute travesty from a deeply authoritarian government who cannot admit they got something wrong, and a leader who is even worse.
If we had a second chamber it would be blocked by it.
Suggestion.
Why don’t we just cut to the car chase here. Waste the minimum amount of time and effort and the wear and tear on angry little fingers banging out angry little words, that turn out to be just angry little nonsenses.
That like so many Scottish Government policies, MUP, Hate Crime Bill and progressive taxation. All the “expert opinion” predicting dire consequences, the end of days,.people speaking in tongues and the dead rising to walk the earth is just shite.
Pernicious, shite.
So shut it?
Just putting it out there, let me know what you think*.
*don’t.
Kinda throws all the “SNP = cult” nonsense in the sea, eh?
Haven’t basically all lawyers in Scotland agreed to boycott jury less rape trials? I can’t see them going ahead if it doesn’t s literally impossible to get a defence lawyer into court.
Can anyone explain to me. Why jury less rape trials is the thing they think will fix the system?
I can’t get past – let’s hurt men’s rights so that they suffer too.
FWIW I think the way women in particular are cross examined is disgusting too. This feels like fixing a cut with a nuke
Step closer to Humza’s Sharia Courts – we need the lot of them out at the next election. Bring it on.