Lady Dorrian

When the lockdown commenced, Lord Carloway decided that solemn trials could not take place in a suitably safe and secure manner.

Justice Secretary Humza Yousaf and the Scottish government then attempted to have juries abolished in solemn trials in a bill that was met with incredulity and anger from the legal profession.

The government has since backed down and instead tabled a number of other options.

The Working Group on Restarting Solemn Trials will look at how the physical and other practical constraints on jury trials might be overcome, with alternative uses of space in the court setting and innovative use of technology, and how far a smaller jury size will make it easier to meet social distancing requirements.

It will consider what legislative changes will be needed to facilitate the necessary adjustments to trial practice and procedure, and will assess the potential effect on the rate at which trials may be processed. Its initial focus will be on trials in the High Court of Justiciary.

The group will include 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.

It will also liaise closely with and seek the input of others, such as Police Scotland, the Scottish Prison Service.

Furthermore, Rape Crisis Scotland, Victim Support Scotland and Scottish Women’s Aid will be included.

Lady Dorrian said: “The courts have been working extremely hard to deliver justice in the current challenging circumstances. The use of remote technology, for example, is progressing to cover as many types of case as is technically possible across a wide range of criminal and civil business.

“This working group recognises the importance to the accused, to witnesses, and to their families, of continuing that progress to consider serious criminal cases. The particular challenges of conducting a jury trial, while also following public health guidelines to protect those engaged in the hearing, is a difficult balance to meet. This group is working as quickly as is possible to ensure that all the impacts and practicalities are fully considered in order to provide the best outcome for Scotland, both in terms of justice for all concerned, but also in terms of public safety.”

Ronnie Renucci QC, president of the Scottish Criminal Bar Association, commented: “I am delighted to have been invited to represent the Faculty of Advocates on Lady Dorrian’s working group.

“These are indeed challenging times and the Faculty recognises that, notwithstanding the efforts already made by the courts, further work is required to identify and put in place suitable practical measures that will allow jury trials to resume in Scotland.

“The Faculty does not take lightly its important role in the trial process, and is determined to do what it can to assist in the safe and speedy resumption of this fundamental part of our criminal justice system.”

John Mulholland, president of the Law Society of Scotland, said: “Stuart Munro, a highly experienced solicitor and a longstanding volunteer member of our Criminal Law Committee, has been appointed as the Law Society’s representative.”

He added: “We would support measures to allow the current social distancing rules to be respected and ensure the safety of all involved in the court process, including victims, witnesses and court officials. It will of course be crucial to mitigate the risk of a trial being abandoned for not meeting a statutory minimum of jurors, for example through illness.

“We would, however, have concerns about reducing the number of jurors for serious cases being tried in the High Court, and think consideration will need to be given to any necessary additional steps to ensure the safety of all those involved.”