Juryless rape trials plan could be modified

She made the comments in a written response to Holyrood’s Justice Committee, which has been scrutinising the legislation.

Ms Constance said there were “particular advantages” in adopting a system where a professional judge sat alongside two members of the public.

She said this approach “would increase the diversity of decision-makers hearing cases”.

She also said there was a “compelling body of evidence” that rape myths and preconceptions about how people who have been raped should behave may influence jurors’ decisions.

For example, many people “freeze” rather than fight back when subjected to a sexual assault, which some jurors may not expect.

The Scottish government could also consider using a panel of judges, rather than a single judge, she said.

A document released by the government setting out an indicative timeline for the pilot said it would not take place until the last quarter of 2028.

She said this assumption was based on the bill passing later this year, and would then be contingent on further discussions with other stakeholders as well as the availability of resources to run the pilot.

The next Scottish Parliament election is due to take place in May 2026, meaning a new government will have been elected by then.