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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 3 December 2025
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Displaying 3844 contributions

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Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 6 December 2023

Audrey Nicoll

Thank you. I now invite other members to ask their questions, starting with Fulton MacGregor.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 6 December 2023

Audrey Nicoll

Okay. Thanks very much.

I will go back to Sandy Brindley. In your submission, it is very clear that your experience of working with survivors is that they feel that the not proven verdict does not necessarily support them. They feel that it is unclear and confusing, and they feel let down by it. However, you also comment that some survivors derived some comfort from a verdict of not proven rather than not guilty. Is it therefore fair to say that that is not reflective of the majority of survivors’ views, as you understand them?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 6 December 2023

Audrey Nicoll

Thank you both for attending.

Our next meeting, on 13 December, will continue with evidence taking on the Victims, Witnesses, and Justice Reform (Scotland) Bill. We will hear from representatives of the legal profession and the Crown Office.

Meeting closed at 10:57.  

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 6 December 2023

Audrey Nicoll

Okay. Thanks very much.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 6 December 2023

Audrey Nicoll

Mr Duffy, in your submission, you say:

“The vast majority of people are totally unaware of the court system and do not know that the Not Proven Verdict exists.”

Earlier, you spoke about the confusion about what exactly that verdict means. I am interested in your thoughts on whether it would be more effective if the not proven verdict was better explained to people, so that their understanding was clearer, and whether that, in itself, might make the use of the not proven verdict more effective.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 6 December 2023

Audrey Nicoll

I call Pauline McNeill, and then Rona Mackay.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 29 November 2023

Audrey Nicoll

John Swinney wants to come in with a supplementary.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 29 November 2023

Audrey Nicoll

Professor Leverick, I want to pick up on the point that you made about sexual offences. In your submission, you said:

“There was also evidence that this use”—

that is, the use of not proven—

“was ‘read into’ the verdict outcome by sexual offence complainers, undermining their belief that jurors discharged the weighty responsibility placed upon them with appropriate diligence.”

That is quite powerful commentary.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 29 November 2023

Audrey Nicoll

I see that John Swinney and Sharon Dowey want to come back in.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 29 November 2023

Audrey Nicoll

I will bring John Swinney back in.