The Law Commission has set out provisional proposals aimed at countering the effects of rape myths and misconceptions on the trial process, treating complainants humanely, and ensuring that defendants receive a fair trial.
This is essential reading for all criminal law practitioners and important for all of us.
Could this lead to the end of jury trial in these cases? This possibility is included as one option in the Commission's report. If juries disappear in these cases then it is surely likely that there will be pressure to dispense with them altogether.
Views sought on proposals to counter effects of rape myths in sexual offence trials - Law Commission.
FULL reading of the consultation paper is really essential for any reader who wishes to respond - Download the consultation paper - pdf 727 pages.
Evidence in Sexual Offence Prosecutions - Law Commission
Download the summary of the consultation paper - - pdf 56 pages
Download an overview of the key proposals - - pdf 3 pages
Comment - 'Rape myths' consultation floats curbs on barristers' conduct | News | Law Gazette
Scotland:
Leading Scottish lawyers have condemned plans for trials to be conducted by a single judge without a jury as part of landmark reforms to the country’s justice system.
The Victims, Witnesses and Justice Reform (Scotland) Bill published on Wednesday unveiled changes including scrapping the not proven verdict, changing the size of criminal juries from 15 to 12 and creating a new specialist sexual offences court.
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