Achi news desk-
The four SNP MLAs on the committee gave their support to the move, but made it clear that if the pilot project went ahead it should not be for more than 18 months.
But the two Conservative MSPs on the committee insisted that such a plan would represent a “fundamental departure” from the “long-established right” of an accused person to be tried before a jury of his peers.
Sharon Dowey and Russell Findlay insisted there was “not enough evidence to justify what would amount to an experiment with people’s lives”.
READ MORE: Rape survivors’ concerns over non-jury trial trials and other proposed reforms
The two Labor MSPs, Katy Clarke and Pauline McNeill, also made it clear that they did not support the proposals in their current form, saying that if the pilot went ahead, the Scottish Government should consider holding trials before a panel of judges, instead of one judge. only, and that there should also be a sunset clause to limit how long it could last.
The committee was also divided on another of the main provisions in the Victims, Witnesses and Justice Reform (Scotland) Bill – the proposal for a new sexual offenses court.
While the four SNP MSPs on the committee supported this, the four opposition MSPs made it clear they did not support the move.
While ministers have proposed the establishment of a sexual offenses court to deal with serious sexual offences, such as rape, the committee also raised concerns about the possibility that the court could have to deal with charges of murder if these were part of a case of such.
Here the MSPs made it clear that they “did not think a strong case had been made that the sexual offenses court should be able to hear murder cases”, recommending that the Government change the legislation “so that any case involving murder being tried in the High Court”.
But the committee supported the repeal of the Bill to the judgment which was not tested in the Scottish courts.
In their report, the MSPs said: “Having weighed the evidence, having heard arguments for and against, we believe that the unproven ruling has had its day and should be struck down.”
They added that they “do not think it is satisfactory to have a verdict in a criminal trial that has no accepted legal definition” and went on to note that an unproven verdict could have a “devastating effect” on victims and could also leave. people charged with “persistent stigma”.
But while an accused person can currently be found guilty if eight members of a jury of 15 agree that it is the correct verdict, the Bill would require at least eight members of a smaller jury of 12 people support conviction.
The MSPs said they had not heard “convincing evidence in favor of the specific proposals”, noting that Scotland’s top prosecutor – Lord Advocate Dorothy Bain KC – had expressed “significant concerns” about such a change, saying it could make it “far. harder” to convict people.
As a result, the committee recommended that if the Government were to proceed with the repeal of the untested judgment, “it cannot support the proposed changes to the size and majority of juries because we have not heard compelling evidence to support this”.
In general, they said that the MSPs supported the general principles of the Bill, but said that improvements should be made.
Speaking as the report was published, Committee Convener Audrey Nicoll said: “Although committee members did not support every proposal in this Bill, we all recognize that it has the potential to improve the system justice for victims and witnesses and this is something we fully support. ”
But he added that the “final composition” of the Bill after it was amended to some MLAs would “ultimately decide whether they can support it”.
Ms Nicoll added: “We recognize the strength of feeling on the proposed pilot of non-jury trials and we have not been able to come to a unified view as to whether this pilot should go ahead.”
But here he said that if the pilot was to go ahead, “we need much better data on conviction rates” to help better understand its impact.
Justice Secretary Angela Constance said: “I am pleased that the committee has agreed the general principles of the Victims, Witnesses and Justice Reform (Scotland) Bill which will put victims and witnesses at the heart of the justice system and ensure that they are treated with compassion.
“I am keen to build consensus on the Bill’s proposals and note the support and comments made by the committee.
“I will continue to work with, and listen to the voices of partners from across the justice system, as well as victims themselves, as we move the Bill forward”.
