Chamber and committees

Running a time-limited pilot of judge-only rape trials was a recommendation of the cross-sector review led by Lady Dorrian, Scotland’s second most senior judge, on improving the justice system in the way it responds to serious sexual offending.

The pilot is part of a package of reforms in the Victims, Witnesses, and Justice Reform (Scotland) Bill that is currently being considered by the Criminal Justice Committee. The Committee has heard a range of views including from some of the most senior, qualified and respected legal voices in the country who have spoken in support of the pilot. Strong support for the pilot has also been voiced by victim support organisations and justice agencies, such as the Scottish Courts and Tribunals Service.

I held a programme of meetings with the legal profession in 2023 to hear their views on the pilot first-hand, and to invite them to work with the Scottish Government as plans for the pilot develop. As I emphasised to the Committee on 7 February, the Scottish Government will work to build consensus as it progresses the pilot and will continue to listen to the voices of partners from across the justice system, as well as, importantly, victims.

The purpose of the pilot is to gather empirical evidence on the most effective way to respond to rape and attempted rape cases. This includes exploring whether changing the decision maker from juries to a judge improves complainers’ experiences (for example, by resulting in shorter, more focussed trials that could minimise re-traumatisation) and whether it removes barriers to victims accessing justice. Judges will be required to provide written reasons for verdicts in the pilot, which will increase transparency, safeguard the rights of accused people, and provide unparalleled insights into the issues, deliberations and challenges in these cases.