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  4. Frances McMenamin KC criticises plan to scrap jury trials

Frances McMenamin KC criticises plan to scrap jury trials

14th November 2022 | human rights , criminal law

Moves to scrap jury trials have been criticised by Frances McMenamin KC 

Ms McMenamin expressed grave concerns over proposals to enact juryless trials in rape and other sexual cases.

A pilot for such a scheme, endorsed by Lord Advocate Dorothy Bain KC, has long been promised but has yet to be put into practice.

Ms McMenamin said that removing “democratic participation” from Scotland’s criminal justice system would affect not only accused persons but “equally affects the rights of every citizen in Scotland”.

She compared the retreat from trial by jury to Nazi Germany and Communist China.

“Even other countries not so historically associated with democratic traditions and institutions are turning towards a jury system, such as Argentina and Bulgaria,” Ms McMenamin, a member of an expert Scottish Government group on the management of sexual offences, told The Sunday Post.

A Scottish Government spokesman said: “As part of its vision for justice, the Scottish government wants to strengthen the rights and improve the experiences of people involved in the justice system, especially women and children.

“We are continuing to explore the proposal for single judge trials for case of rape, in line with our commitment to give serious consideration to all of the recommendations made by Lady Dorrian’s Review into the management of sexual offence cases. We are doing this with input from justice partners including the Faculty of Advocates.”

 

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