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Criminal Justice Committee
Meeting date: 29 November 2023
Audrey Nicoll
John Swinney wants to come in with a supplementary.
Criminal Justice Committee
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
Meeting date: 29 November 2023
Audrey Nicoll
I see that John Swinney and Sharon Dowey want to come back in.
Criminal Justice Committee
Meeting date: 29 November 2023
Audrey Nicoll
I will bring John Swinney back in.
Criminal Justice Committee
Meeting date: 29 November 2023
Audrey Nicoll
Eamon Keane, do you have anything to add?
Criminal Justice Committee
Meeting date: 29 November 2023
Audrey Nicoll
That was helpful.
We will bring our session to a close. Thank you both very much for what has been a helpful and informative session.
Criminal Justice Committee
Meeting date: 29 November 2023
Audrey Nicoll
That concludes our public agenda item for today. At our next meeting, on 6 December, we will continue our evidence taking on the Victims, Witnesses, and Justice Reform (Scotland) Bill by hearing from representatives of survivors of crime on the abolition of the not proven verdict and on jury majorities.
11:37 Meeting continued in private until 12:27.Criminal Justice Committee
Meeting date: 29 November 2023
Audrey Nicoll
Can you say more about your observations of what you felt were the strengths of the mock jury trials that you arranged?
Criminal Justice Committee
Meeting date: 29 November 2023
Audrey Nicoll
Thank you. That is really helpful. I am just going to bring in other members because I know that they will be keen to probe those findings. Rona Mackay would like to start off.
Criminal Justice Committee
Meeting date: 29 November 2023
Audrey Nicoll
Good morning, and welcome to the 32nd meeting in 2023 of the Criminal Justice Committee. We have received no apologies. Fulton MacGregor joins us online.
Under our first item of business, we will continue to take evidence on the Victims, Witnesses, and Justice Reform (Scotland) Bill. We are beginning phase 2 of our scrutiny of the bill. That focuses specifically on part 4, which covers the abolition of the not proven verdict and changes to jury sizes and majorities. We expect phase 2 to run to the end of this year, after which we will consider the last two parts of the bill.
We are joined, from the University of Glasgow school of law, by Professor Fiona Leverick, professor of criminal law and criminal justice, and Eamon Keane, lecturer in evidence and criminal procedure. I welcome you both.
I refer members to papers 1 to 3. I intend to allow about 90 minutes for this session, but it might run on, if required, as part 4 is a key area of the bill.
I will begin with a general opening question, which I will direct to Professor Leverick. The Scottish jury research that you were involved in informed the approach that the Scottish Government has taken in part 4 of the bill. Before we consider the relevant findings of the research, will you outline what you see as the strengths and possible limitations of the research methodology in relation to, for example, the use of mock juries?