NATS chiefs are facing a rebellion which could sink plans for a trial of juryless rape trials, The Scottish Sun can reveal.
As many as seven SNP MSPs are considering rebelling against the proposals which form a key part of the Victims, Witnesses, and Justice Reform bill which includes plans to scrap the ‘Not Proven’ verdict.
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One SNP source said: “I have concerns about it and I am yet to be convinced.”
Another said: “I’m not sure they have the numbers.”
The bill has faced criticism from the legal profession who have threatened to boycott the planned trial of juryless trials for serious sexual offences.
Senior judges have also warned the proposals may breach rules around fair trials.
And now justice secretary Angela Constance is facing an internal fight on the issue due to concerns about the proposals upending hundreds of years of legal tradition.
Ministers revealed the plans after a review by Lady Dorrian – one of Scotland’s most senior judges – into how the courts deal with sexual offence cases.
Victims of sexual offences told MSPs earlier this year that Scotland’s courts system “abused” and “humiliated” them as they fought for justice and faced their attackers in the courtroom, but also voiced concerns about juryless trials.
They said potential bias among judges and the lack of competing views and opinions could frustrate justice.
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Campaigner Ellie Wilson told MSPs victims were “split and torn” on the proposals, while another victim, Jennifer McCann, told MSPs: “I would be concerned about a potential bias of a single judge only trial.”
These concerns are shared by some within the SNP backbenches and could pose the biggest threat to the planned pilot.
It is understood that Scottish Labour have yet to come to a settled decision on whether to back the proposals due to concerns about how success will be measured of any pilot.
The Scottish Liberal Democrats are also unlikely to provide help to the ailing proposals, with one source stating the party would not be “running to the rescue” of the Nats.
Given the concerns among some SNP backbenchers, the pilot could be ditched to rescue the rest of the bill.
Fergus Ewing, the veteran serial rebel MSP, has said he will not vote for the plans, setting him up for another showdown with party bosses after he was handed a one week suspension for rebelling last year.
Ministers said they hoped to build “consensus” on the proposals, with Angela Constance “open” to potential different approaches.
The Scottish Government was contacted for comment.
