Skip to content
Law Society of Scotland
Search
Find a Solicitor
Contact us
About us
Sign in
Search
Find a Solicitor
Contact us
About us
Sign in
  • For members

    • For members

    • CPD & Training

    • Membership and fees

    • Rules and guidance

    • Regulation and compliance

    • Journal

    • Business support

    • Career growth

    • Member benefits

    • Professional support

    • Lawscot Wellbeing

    • Lawscot Sustainability

  • News and events

    • News and events

    • Law Society news

    • Blogs & opinions

    • CPD & Training

    • Events

  • Qualifying and education

    • Qualifying and education

    • Qualifying as a Scottish solicitor

    • Career support and advice

    • Our work with schools

    • Lawscot Foundation

    • Funding your education

    • Social mobility

  • Research and policy

    • Research and policy

    • Research

    • Influencing the law and policy

    • Equality and diversity

    • Our international work

    • Legal Services Review

    • Meet the Policy team

  • For the public

    • For the public

    • What solicitors can do for you

    • Making a complaint

    • Client protection

    • Find a Solicitor

    • Frequently asked questions

    • Your Scottish solicitor

  • About us

    • About us

    • Contact us

    • Who we are

    • Our strategy, reports and plans

    • Help and advice

    • Our standards

    • Work with us

    • Our logo and branding

    • Equality and diversity

  1. Home
  2. News and events
  3. Law Society news
  4. Coronavirus (Scotland) Bill

Coronavirus (Scotland) Bill

1st April 2020 | Research and policy

The case for allowing the most serious criminal trials to be heard without a jury has not yet been made, warns the Law Society of Scotland.

The Coronavirus (Scotland) Bill introduced by the Scottish Government yesterday includes a number of measures. One of the most significant is the suggestion that prosecutions for the most serious offences could be tried without a jury. This would be one of the most fundamental changes to our justice system ever considered.

In publishing our response the Law Society has warned that while extraordinary measures may be required to ensure our institutions can continue to operate effectively during this time, these must be both time limited and proportionate to the current situation.

John Mulholland, President of the Law Society of Scotland, said: “We respect the fact that the public health threat posed by Covid-19 has presented government with an unprecedented challenge. However, it should not limit our responsibility for ensuring proper scrutiny of measures proposed and an understanding of the impact they may have.

“Juries have been an important principle of the Scottish Criminal Justice system for hundreds of years. To remove this provision for the most serious of crimes would be a significant step and have major implications. We fully appreciate the desire to avoid any backlog in cases which might interfere with the proper administration of justice. However, we have not reached that point and so there is not sufficient justification to warrant trials without jury for serious criminal offences. We believe the case for taking such an extraordinary measure has not been made.

“We have taken this view after consulting with many of the most experienced solicitors in criminal law and those with direct experience of serious criminal cases. There is deep concern, right across the legal profession, at the reform being proposed.

“We want to continue to work positively with the Scottish Government around the changes which are necessary to our justice system to deal with the spread of Covid-19. The past few weeks have proved that we need to be flexible and responsive to emerging situations and creative in our solutions. There are provisions within current legislation which allow flexibility and it is important that these are explored fully before additional measures are introduced.”

Update - issued 10am on Wednesday 1 April 2020

John Mulholland today welcomed the amendment to the Coronavirus (Scotland) Bill which removes the provision for trials for serious crimes to be heard without juries:

"I am reassured that the Scottish Government has listened to the concerns raised by the Law Society on behalf of our members about the possibility of allowing trials to take place without a jury in the most serious of cases. I would like to thank all our members who took the time to provide their views on this fundamental issue. We look forward to engaging positively with the Scottish Government and partners as they investigate practical ways to ensure that justice can continue to be carried out effectively during the outbreak."

Influencing the law and policy

One of the main functions of our policy team, along with our network of volunteers, is to analyse and respond to proposed changes in the law.

Add To Favorites

Additional

Categories

  • New lawyers
  • Law Society news
  • Regulation
  • Research and policy
  • Legal aid
  • Professional support
  • Wellbeing
  • Business support
  • Equality and diversity
  • International
  • In-house lawyers
  • Schools
  • For the public
  • Videos
  • Fraud alerts
  • Career growth
  • Member benefits
  • Law and technology
  • Professional skills courses
  • Aberdeen
  • Edinburgh
  • Glasgow
  • Perth
  • Inverness
  • Commercial skills for young professionals
  • Roadshow
  • CPD event
  • Working in-house
  • Public Policy Committee
  • Roadshows
  • careers
  • property (non-commercial)
  • licensing
  • Journal online news
  • Sustainability
  • Policy committees

News Archive

  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013

Related articles

  • Law Society reminds MSPs of duty to judicial independence
  • New research to support future needs of smaller firms
  • Rule of law must underpin UK legislative agenda
  • AML regulations need greater clarity for legal sector
Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX
If you’re looking for a solicitor, visit FindaSolicitor.scot
T: +44(0) 131 226 7411
E: lawscot@lawscot.org.uk
About us
  • Contact us
  • Who we are
  • Strategy reports plans
  • Help and advice
  • Our standards
  • Work with us
Useful links
  • Find a Solicitor
  • Sign in
  • CPD & Training
  • Rules and guidance
  • Website terms and conditions
Law Society of Scotland | © 2025
Made by Gecko Agency Limited