Herbert Kerrigan QC

Last week the Scottish government had sought to pass legislation that would remove juries from solemn trials for the duration of the coronavirus pandemic. 

Following a backlash, however, the proposals were removed, with their reintroduction planned for April 21.

Writing on social media, the experienced silk said that decisions of fact should not be left to the judiciary alone.

He said: “As the most senior practising member of the Faculty of Advocates in Scotland and as a member of the English who has both prosecuted and defended I ask that the proposal to have jury trials heard by one judge be rejected.

“I have overwhelming confidence in our judiciary but for almost half a century I have stated that decision of fact in major criminal cases cannot be left to them alone as a matter of basic human rights.”

He suggested greater use of technology as an alternative.

“In this age of technology where in the last few weeks we have seen revolutionary moves in medical technology we could see the same in the law with updated means brought in to enable trial by judge and jury each remotely with witnesses likewise and a familiar practise of exhibits also being shown remotely.”

Last week, Lord Hope said efforts should be made to preserve jury trials.