The Scottish jury in the 21st century:Challenges and Changes

Abstract

Some of the distinctive features of Scottish juries in criminal trials are considered in this chapter, as are several controversial aspects, such as juror impartiality, issues regarding eligibility for jury service, and allegations of jury misconduct. The Scottish Government’s proposals to reduce the size of the jury, and to pilot judge-only trials for charges of rape and attempted rape, are described and assessed. Suggestions are made for further reform, including whether more could be done to improve juror understanding of the evidence and the judge’s directions, and what further steps may be needed to lessen the impact of jury service on members of the public