Jury-less rape trials risked creating even more injustice, not less

Justice Secretary Angela Constance's remarks about building consensus on ways to improve the low conviction rate for rape are welcome (Picture: Jeff J Mitchell)Justice Secretary Angela Constance's remarks about building consensus on ways to improve the low conviction rate for rape are welcome (Picture: Jeff J Mitchell)
Justice Secretary Angela Constance's remarks about building consensus on ways to improve the low conviction rate for rape are welcome (Picture: Jeff J Mitchell) | Getty Images
It is deeply concerning to hear the Scottish Solicitors Bar Association say the Scottish Government holds them in ‘contempt’

As we noted earlier this year, the conviction rate for rape is shamefully low. According to figures for 2020/21, there were 2,298 reports of rape and attempted rape, but just 78 convictions. There are too many men walking the streets of Scotland who should be behind bars.

However, the Scottish Government’s plan to pilot jury-less rape trials only risked adding to that obvious injustice. Amid uproar from the legal community and opposition from other parties, the SNP has now dropped the idea, with Justice Secretary Angela Constance saying she wanted to build “as much consensus as possible”.

Hide Ad
Hide Ad

This was gratifying to hear. However, the Scottish Solicitors Bar Association’s reaction to the news suggested ministers have not been as collaborative as they should have been. The association said they were “enormously proud of our efforts in defeating this dangerous proposal”, adding: "The government resent us, hold us in contempt but never again should they underestimate us.”

If the SNP is serious about improving the rape conviction rate, treating lawyers’ views with a basic level of respect should be a given.

Related topics: