LAWYERS in Scotland have raised concerns over “premature, disproportionate and ill-advised” plans to suspend trials with juries for up to 18 months.

The proposed changes are part of sweeping measures to cope with the coronavirus crisis.

Details of the Coronavirus (Scotland) Bill were published on Tuesday and the new legislation is expected to be approved by MSPs at Holyrood on Wednesday.

The new emergency powers will make changes to the justice system, laws around evictions and measures to allow the continuation of public services.

READ MORE: Scottish Government publishes legislation  aimed at tackling coronavirus

It will also allow for judge-only trials for the most serious charges – rather than requiring a jury – as well as the possible release of inmates if prisons are becoming overwhelmed by the virus.

Concerns have been raised by the Scottish Criminal Bar Association, according to The Guardian.

The body which represents court room lawyers argues that the suspension of jury trials in solemn cases and the relaxation of rules around corroboration are unprecedented and erode principles of fairness.

“What is proposed includes attacks on principles that have been built over more than 600 years and are the very cornerstone of not just Scotland’s criminal justice system, but those of almost every advanced liberal democracy in the developed world,” it said.

“[These] measures are premature, disproportionate and ill-advised.

"They are at best a kneejerk reaction to an as yet unquantified problem instigated by panic, and at worst something far more sinister.”

Scottish lawyer Aamer Anwar added to the concerns: "Unacceptable attack on our justice system, 600 year jury trial before peers done away a week after lockdown! 

"No real consultation with defence lawyers, England isn’t doing it, we didn’t do it in WW1/2 knee jerk – this is summary justice on cheap in most serious cases."

First Minister Nicola Sturgeon said the proposed changes to the legal system were necessary in order to keep some of the more serious criminal trials on track, with concerns over the practicalities of getting a jury together during the pandemic.

“We are not deaf or blind to the concerns around these powers,” she said.

“We would never have wanted to be in a position to pass legislation like this. We wouldn’t be doing it unless we thought it was necessary for the protection of the population.”

In a statement, Lord President of the Court of SessionLord Carloway said the courts were already struggling to clear a backlog of cases and that the new measures are necessary.

“Unless action is taken to mitigate the impact of this, there will be substantial delays in bringing accused persons to trial,” he said.

“These are likely to stretch into years rather than months.

“The delays will be unprecedented in Scottish legal history.

“This will have many adverse impacts, including uncertainty for the accused, complainers and witnesses.

“Such delays will have a highly disruptive effect on their lives, and potentially on the wider system.”

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