The Scottish Government recently proposed the Coronavirus (Scotland) Bill intending to remove juries from criminal trials during this time of crisis. However, they removed this proposal on 1 April 2020, and have pledged to discuss alternatives after receiving resistance from the legal community.

An unfortunate consequence of this delay is that an accused person may require to be held for longer than the norm until a resolution is found. In light of this anticipated backlog of trial business and juryless trials, potential solutions have been proposed by the Faculty of Advocates below.

High Court Judges

To assist in minimising the length of time an accused person may be held during this crisis, more temporary High Court judges could be appointed. Similarly, mirroring the National Health Service’s example, recently retired judges could return and / or the tenure of those who are due to retire could be extended.

Recommissioning the Sheriff Courts

The temporary recommissioning of courts previously decommissioned by the government offers a solution to the large amount of cases affected by the current circumstances. Similarly, we have the benefit of the traditional facility of sending the High Court out “on circuit”. Thus, the High Court could return to courts that were until recently used for this purpose. Such courts include those in Paisley, Forfar, Dumfries, Dundee and Inverness. This widened scope and reintroduction of the High Court to these towns would allow citizens the opportunity to participate in the criminal justice system. The increased accessibility and facilities would help to minimise the backlog where possible.

Electronic Means

Due to proposals for a person accused attending court by electronic means, there remains the possibility for a jury to be able to do the same. Though the technological ability to ensure a juror is capable of sitting with his colleagues is yet to be realised, this proposal is not without merit.

Overall, these solutions come at a time when the option of juryless trials is discredited. The withdrawal of this option protects an important right of every member of society to participate in the criminal justice system. Accordingly, the Scottish Government are urged by the Faculty of Advocates to reconsider the terms of the Bill and give consideration to the above proposals to prevent those accused being held for longer due to this uncertainty.

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