The Scottish Government have published potential options to allow criminal trials to continue in Scots courts throughout the coronavirus crisis.
Ministers scrapped initial proposals in the emergency coronavirus legislation after widespread opposition to plans which would have seen jury trials scrapped.
The SNP government have now published a "discussion paper" to inform discussions about how to manage the impact of COVID-19 on the Scottish criminal justice system.
It includes one proposal to increase the powers of sheriff courts to hear more serious cases without a jury, increasing the number of judge-only trials.
Some criminal trials in Scotland already take place without a jury in sheriff courts, known as summary cases, where the maximum penalty is 12-months imprisonment and/or a £10,000 fine.
The proposals would see these powers increased meaning the court could deal with more serious offences currently dealt with by a full jury trial.
However, the Scottish Government said that proposals to change the trial by jury system is not the Scottish Government’s favoured option in light of the concerns raised by politicians and legal experts.
Other options include trials with a smaller number of jurors, as well as holding trials in larger non-court facilities or by video conference.
Justice secretary Humza Yousaf will hold a digital summit to discuss the proposals with other key players in the system.
Yousaf said: “Scotland’s justice system, as with all public services, has responded quickly to the COVID-19 outbreak, to support service users and employees to comply with the essential public health measures that will reduce social interaction and the spread of this dangerous virus.
“We and our partner agencies are committed to continuing fair and effective justice and moves have already been made to enhance digital capability across the justice system while scaling back activity where appropriate.
“However, the suspension of jury trials during the current ‘lockdown’ period, in order to comply with social distancing guidance, will result in a significant backlog of criminal trials which, clearly, negatively impacts victims, witnesses and accused people, as well as potentially public faith in their justice system.
“While the emergency Coronavirus (Scotland) Act allows time limits for some criminal proceedings to be extended, it does not resolve the inability for the most serious cases to proceed without being able to use juries. I committed to consider any practical or legislative solutions to this issue and am grateful to those stakeholders for their suggestions.
“Following intensive work by the government, the Scottish Courts and Tribunals Service and the Crown Office, our discussion paper details a range of potential temporary options and while changing the trial by jury system is still included it is not our favoured option. Each has clear challenges and I will consider them in detail, while having talks with key justice partners, including representatives of the legal profession, victims organisations, political parties and human rights experts this week.
“I intend to update Parliament as soon as possible after recess on how these discussions are progressing and any planned next steps.”
Political opposition to the proposal came from within the SNP as well as from other political parties.
Edinburgh South West SNP MP Joanna Cherry QC tweeted: “The right to a jury trial and the rule against hearsay with only the strictest exceptions are cornerstones of our criminal law.
“They should be guarded jealously and I am sure MSP colleagues will want to consider these proposals very, very carefully.”
The Law Society of Scotland was also critical of the move, saying there was "deep concern" across the profession about the move.
