Retired Scottish judge brands plan for juryless rape trials as 'constitutionally repugnant’

A former top Scottish judge has labelled Scottish Government plans for juryless rape trials and summary sacking of judges from sex offences courts as “constitutionally repugnant’ and potentially unlawful.”

Lord Uist warned that Justice Secretary Angela Constance’s proposals constituted a “serious attack upon the independence of the judiciary” and a court’s standing as an “independent tribunal.”

He argued that the dismissal of judges would undermine their independence as “security of tenure of judges is an essential part of judicial independence” from the government.

A pilot of juryless trials could lead to convictions being overturned because the plan would constitute an “experiment” that is subject to approval by the executive branch potentially giving rise to arguments that trials were politically motivated.

Writing in the Scottish Legal News, Lord Uist said those two provisions are “constitutionally repugnant and constitute a serious attack upon the independence of the judiciary,” adding: “It is shocking that they were ever included in the Bill.”