Lady Dorrian

Lady Dorrian is leading a working group with representatives from across the justice sector on recommencing jury trials during the lockdown.

The group includes representatives of the judiciary, Crown Office and Procurator Fiscal Service, Faculty of Advocates, Law Society of Scotland, Scottish Courts and Tribunals Service and the Scottish government.

The group also includes representatives from Rape Crisis Scotland.

Lady Dorrian said: “The courts have been working extremely hard to deliver justice in the current circumstances. The challenges in conducting 15-person jury trials in a physically distanced environment cannot be underestimated. A pool of jurors must be cited, assembled and balloted in a way which respects social distancing guidelines. The court facilities must be configured to ensure the safety of all those involved in the trial, including access for the public and for the media, whilst at the same time ensuring effective participation of all the main participants.

“However, thanks to the constructive input of all those on the working group, we have identified the steps needed for the first trials to take place in Edinburgh and Glasgow in July. I am grateful to the working group members for their effective collaboration and commitment.

“There is still plenty of work to do before this can become a reality, however. The details are now being worked through, and specific plans will be developed for different approaches in each location. It is anticipated that we will use a three-court solution in the High Court in Glasgow, with the jury using the public gallery in the trial courtroom.

“In Edinburgh, we hope to use a two-court solution, allowing the jury to view the trial remotely from a separate courtroom. Nothing will take place until we have finalised the planning and can provide the assurance that it will be safe for all of those participating in the trial and that proceedings may be recommenced without significant risk to the administration of justice.”

The working group will continue to assess and develop ways to allow more jury trials to take place in both the High Court and Sheriff Court, including identifying necessary changes to legislation in order to allow more innovative digital solutions where these are appropriate.

Ronnie Renucci QC, president of the Scottish Criminal Bar Association, part of the Faculty of Advocates, said: “The Scottish Criminal Bar Association very much welcomes Lady Dorrian’s announcement. As advocates specialising in High Court jury trials we will contribute our expertise and practical experience to the initial test trials, along with our undiminished commitment to see a safe, fair and efficient jury trial system evolve out of the process.

“Whilst we do not underestimate the challenges, we are convinced that the enormous assembly of experience, energy and talent in Lady Dorrian’s working group will galvanise our dormant but vital solemn criminal justice system with jury trials back at the heart of it.”

Justice Secretary Humza Yousaf said: “In terms of criminal proceedings specifically, I am very conscious that behind each delayed jury trial are victims, witnesses and accused, who are all anxious to have their day in court and move on with their lives.

“This announcement by the Lord Justice Clerk brings us an important step closer to enabling this to happen in a manner which safeguards both the interests of justice and of public health.”