The criminal bar has resoundingly rejected a Law Commission suggestion of juryless trials in rape cases.

Consulting on evidence in sexual offences prosecutions, the Law Commission asked if juries should be kept or removed. Highlighting the pros and cons of such a move, the commission said giving evidence in front of 12 laypeople could be traumatising for complainants, however juries are treated as fundamental to a fair criminal justice system.

The Criminal Bar Association, in its consultation response, said removing the public as a jury would undermine confidence in the criminal justice system. ‘Jurors are perfectly capable, if directed properly (and supported), of discharging their role in a sexual allegation case,’ the CBA response said.

'Sexual offences trials involve assessments of the reliability of an individual’s account, and often, sexual or domestic relationships between individuals. Many jurors have some experience of this in their own lives. This is much more likely to be the case that in prosecutions involving, for example, corporate fraud, organised crime, breach of health and safety legislation or corporate failure to prevent bribery or money laundering, where juries are asked to reach decisions in areas which may be further removed from their own life experience,’ the CBA said.

The consultation refers to studies with mock jurors that found rape myths might have affected their verdicts.

‘The entire basis for removing jurors on the assumption that they cannot reach verdicts based on fact and law due to myths and stereotypes is rejected and is not supported by the research done in this country on conviction rates and on myths and stereotypes,’ the CBA said.

The CBA's response also suggested that lawyers would boycott juryless pilot schemes, as has been demonstrated in Scotland. The Victims, Witnesses, and Justice Reform (Scotland) Bill would allow for a pilot of rape trials before a judge without a jury. 

The commission will publish its final recommendations next year.

 

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