Scottish government accused of ‘interfering in independence of judiciary’ as lawyers set to boycott juryless rape trials pilot
The Scottish government has been accused of attempting to “interfere in the independence of the judiciary” amid a row over plans to pilot juryless rape trials.
Lawyers across the country are expected to join what looks set to be a unanimous boycott of the scheme, which was proposed last month as part of a new justice reform bill.
All rape and attempted rape trials in Scotland are currently held before a jury of 15 people, who listen to the evidence and decide whether the accused is innocent, guilty, or the charges not proven.
Under the new proposals being put forward, ministers will have the power to carry out a pilot of rape trials being conducted by a single judge without a jury.
Although more than 80% of criminal trials in Scotland are already conducted without a jury, according to the Scottish government, lawyers across the country intend to boycott Holyrood’s plans to introduce the scheme to rape cases.
The Scottish Solicitors Bar Association has confirmed at least 10 groups have voted against the proposals.
President Julia McPartlin said lawyers in Aberdeen, Airdrie, Dumfries, Dundee, Edinburgh, Falkirk, Glasgow, Hamilton, Highland and Moray, and Paisley will boycott the plans.
In a statement, the association said: “The proposed pilot is a clear attempt to interfere in the independence of the judiciary and the court process by the Scottish government.
“The motivation behind this pilot is to increase the conviction rate for rape at any cost.
“The bill proposes that judges appointed to the pilot court can be removed apparently without reason.
“Security of tenure is a fundamental safeguard against interference by the government in the independence of the judiciary.
“Furthermore, the workings of the pilot court will be subject to review. These are unprecedented proposals.”
The Victims, Witnesses and Justice Reform (Scotland) Bill aims to address a number of issues around serious sexual offences, including a bid to scrap the controversial “not proven” verdict.
It also proposes to reduce the size of criminal juries from 15 to 12 – the same number as those in England.
Former senior judge Lord Uist previously described the plans for single-judge rape trials as “constitutionally repugnant” and accused ministers of “treating the courts as forensic laboratories in which to experiment with their policies”.
Speaking to Sky News on Monday, Aberdeen Bar Association vice president Ian Woodward-Nutt told Sky News: “It is a danger. This level of political meddling is something that we should all be deeply concerned about.”
Mr Woodward-Nutt said using juries in the most serious cases means they are “protected from public scrutiny” and bring a “breadth of real-life experience” to their decision-making.
Please use Chrome browser for a more accessible video player
Bill to scrap ‘not proven’ verdict published
Read more:
Scotland’s ‘not proven’ verdict to be scrapped
‘Not proven’ verdict needs review to boost low rape conviction rates
Aberdeen lawyers join Glasgow and Edinburgh in boycott of juryless rape trials pilot
In the most recent figures, conviction rates for rape and attempted rape were 51%, compared with 91% for all other crimes.
Mr Woodward-Nutt said the lower conviction rate is not “down to some defect in the system”.
He explained that in rape cases it’s rare to have an independent witness and it’s normally the account of a complainer against an accused – which means it is “very difficult” for the prosecution to prove a case beyond reasonable doubt.
Mr Woodward-Nutt noted that the plans were being brought in to increase the number of convictions.
He said: “That’s an astonishing starting point for any programme of this type.”
The Scottish Solicitors Bar Association highlighted that the jury selection process protects against prejudice or misconceptions that might be held by a minority, and jurors are free to make decisions without pressure or undue influence.
Jurors are also given specific directions by judges and a jury manual used by judges to form their directions to the jury also contains detailed instructions on the many situations where consent is an issue.
The Scottish Solicitors Bar Association said: “We are of the view that existing measures and the jury selection process are sufficient to ensure a fair consideration of the evidence presented in rape trials.”
Scotland’s Justice Secretary Angela Constance said: “It is disappointing that some criminal defence lawyers oppose a recommendation of a review carried out by Lady Dorrian, Scotland’s second most senior judge, to improve how the justice system treats rape victims by piloting judge-only rape trials.
“There is overwhelming evidence that jurors are subject to preconceptions about rape that can impact the verdicts they reach – which is not the case in other serious crime trials.
“Over 80% of criminal trials in Scotland are already conducted without a jury. We have worked closely with the legal sector and will continue to do so during the development and evaluation of the pilot.”
Singer Linda Nolan, who rose to fame alongside her sisters in The Nolans, has died after several years of battling cancer.
The Irish star, 65, and her sisters Coleen, Maureen, Bernie, Denise and Anne, had a run of hits in the late 1970s and ’80s – including the disco classic I’m In The Mood For Dancing.
Paying tribute on The Nolans‘ X account, her sisters described her as “a pop icon and beacon of hope”, who “faced incurable cancer with courage, grace and determination, inspiring millions”.
Linda died peacefully in hospital this morning, “embraced with love and comfort” with her siblings by her side, her agent Dermot McNamara said in a statement.
“As a member of The Nolans, one of the most successful girl groups of all time, Linda achieved global success; becoming the first Irish act to sell over a million records worldwide, touring the world and selling over 30 million records,” he said.
“Her distinctive voice and magnetic stage presence brought joy to fans around the world, securing her place as an icon of British and Irish entertainment.”
As well as her TV and musical career, Linda helped to raise more than £20 million for numerous charities, including Breast Cancer Now, Irish Cancer Society, Samaritans and others.
“Her selflessness and tireless commitment to making a difference in the lives of others will forever be a cornerstone of her legacy,” Mr McNamara said.
Five of the Nolans in 1983 (L-R): Linda, Anne, Bernie, Coleen and Maureen. Pic: PA
Linda’s death came after she was admitted to hospital with pneumonia over the weekend. She began receiving end-of-life care after slipping into a coma on Tuesday.
Details of a celebration of the star’s “remarkable life” will be shared in due course.
Linda was born to Tommy and Maureen Nolan in Dublin on 23 February 1959, the sixth of eight children.
Her parents were both singers and keen to turn their young family into a musical troupe. Linda made her stage debut aged just four.
Those early years put the siblings on track for a career in show business which lasted for decades. As well as I’m In The Mood For Dancing, The Nolans had hits with Gotta Pull Myself Together, Attention To Me and Don’t Make Waves, and they also had their own TV specials.
At their height, they toured with Frank Sinatra and were reported to have outsold The Beatles in Japan.
Linda left the group in 1983, but later reformed with her sisters for several comeback performances. She also became known for musical theatre, most notably performing the role of Mrs Johnstone in Blood Brothers for three years from 2000.
L-R: Bernie, Denise, Linda (top), Anne and Maureen Nolan pictured in 1975, before youngest sister Coleen joined the group
Four siblings struck by cancer
Linda was first diagnosed with breast cancer in 2005, and underwent a mastectomy two days before her 47th birthday.
After being given the all-clear in 2011, in 2017 she was diagnosed with secondary breast cancer. Three years later, Linda and Anne together revealed they were being treated for cancer once again.
The sisters were diagnosed with different forms of the disease just days apart after they returned home from filming a series of their show, The Nolans Go Cruising. Linda had cancer of the liver, while Anne had breast cancer.
The star, pictured last year, had battled cancer for several years. Pic: Shutterstock
They went on to write Stronger Together, an account of their journey that included frank details of their treatments and the side effects.
But in 2023, Linda revealed the cancer had spread to her brain and she was beginning treatment as part of a new drug trial.
The Nolans lost their second-youngest sister, Bernie, to cancer in 2013, aged 52.
Loose Women star Coleen Nolan also revealed she was diagnosed with skin cancer last year, and said she was using a chemotherapy cream to remove it.
Linda’s husband of 26 years, Brian Hudson, died in 2007 after being diagnosed with skin cancer.
Anne Nolan is now cancer-free.
Tributes to star ‘who was always a joy’
TV star and singer Cheryl Baker and comedian Tommy Cannon are among those who have paid tribute.
“I’m heartbroken to hear about the passing of Linda Nolan,” Cannon wrote on X. “I had the pleasure of working with her on so many occasions, and she was always a joy – full of warmth and love. My thoughts and love are with the Nolan girls and the whole family.”
“The most incredible voice, the wickedest sense of humour, such a massive talent,” Baker wrote. “You’re with Brian now, Lin.”
Loose Women also sent its love to her family. Linda appeared as a guest panellist on the ITV chat show over the years, alongside her sister Coleen.
The Blackpool Grand Theatre described her as “a true Blackpool icon”.
A 20-year-old trainee gas engineer who won £7.5m says he was back working on blocked drains the day after claiming his cash.
James Clarkson, 20, from Carlisle, Cumbria, found out he’d hit the £7,533,329 National Lottery jackpot on 4 January – but said he has no plans to quit his job.
“I was out in the cold fixing blocked drains the day after I found out I had won,” he said.
“It was a bit grim but that’s reality.
“I’m not going to stop working, I’m too young,” he added, admitting he knew it might sound “mad” to some.
“I want to qualify as a heating engineer and then go from there.
“I need to have a purpose in life, plus dad wouldn’t let me not work anyway. He says there are plenty of millionaires out there that still work and you need a reason to get up each day.”
Mr Clarkson celebrating with his family. Pic: PA
Mr Clarkson added he still planned to have “some nice holidays” in between working, and revealed one of his first purchases was an all-inclusive luxury break to Cape Verde, along with a few designer items including a Gucci bag for his girlfriend and two new jackets for himself.
He said he also planned to splash out on a new car, possibly an Audi – but for now, he’s got his work van.
“If you drive a cold work van all day, going from job to job, you’d understand,” he said.
“The comfort, the steering, the heated seats. I realise how jammy that sounds, not many people my age can afford the car insurance let alone a car like that to drive.”
Read more:
BAFTA nominations: The full list of films and stars up for awards
David Schwimmer once served divorce papers on Sir Rod Stewart
As a huge Manchester City fan, he said he was also looking to buy a season ticket at the Etihad Stadium, as well as taking care of his extended family – starting with paying off his parents’ mortgage.
The new multi-millionaire holds up bespoke Manchester City kit celebrating his win. Pic: PA
He said: “I’ve been thinking about it a lot, it’s what I want to do. I told them last night and they seemed really overwhelmed.
“We are close and they have always been there for me. This win isn’t just for me, I want to make sure we all benefit.”
Mr Clarkson played on the National Lottery app, choosing his winning numbers – 16, 19, 22, 24, 27 and 35 – at random.
-
Sports2 years ago‘Storybook stuff’: Inside the night Bryce Harper sent the Phillies to the World Series
-
Sports9 months agoStory injured on diving stop, exits Red Sox game
-
Sports1 year agoGame 1 of WS least-watched in recorded history
-
Sports2 years agoMLB Rank 2023: Ranking baseball’s top 100 players
-
Sports3 years ago
Team Europe easily wins 4th straight Laver Cup
-
Environment2 years agoJapan and South Korea have a lot at stake in a free and open South China Sea
-
Environment2 years agoGame-changing Lectric XPedition launched as affordable electric cargo bike
-
Business2 years agoBank of England’s extraordinary response to government policy is almost unthinkable | Ed Conway