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Criminal Justice Committee
Meeting date: 29 November 2023
Audrey Nicoll
I call Rona Mackay.
Criminal Justice Committee
Meeting date: 29 November 2023
Audrey Nicoll
I have one final question, which comes back to something that I noticed in your submission and was curious about. It is on the issue of safeguarding against wrongful conviction in sexual offence cases. In your submission, you say that the use of the not proven verdict
“is particularly prevalent, but particularly problematic, in sexual offence cases, where it may enable juries to give weight to myths and stereotypes in avoiding verdicts of conviction.”
You go on to say:
“while there is no clear evidence that the verdict does in fact safeguard against wrongful conviction, its existence has been used to justify Scots law not introducing other measures which would, meaning that it may in fact be actively harmful in this regard.”
I am looking for a bit more commentary on that.
Criminal Justice Committee
Meeting date: 29 November 2023
Audrey Nicoll
It might be helpful if you give a quick run-through, if there is such a thing.
Criminal Justice Committee
Meeting date: 29 November 2023
Audrey Nicoll
It is helpful for us to understand a bit about the background detail and just how robust the research was, so that was very helpful. Eamon Keane, would you like to come in on anything?
Criminal Justice Committee
Meeting date: 29 November 2023
Audrey Nicoll
The joint submission that you sent to the committee supports the removal of the not proven verdict. Professor Leverick, what does the Scottish jury research tell us about the use and impact of that particular verdict?
Criminal Justice Committee
Meeting date: 29 November 2023
Audrey Nicoll
That is very helpful in setting out the context and the reality of the limitations that you faced in your research.
Can I tease out a little bit more about the strengths of the process that you engaged in while running what was obviously a big piece of work?
Criminal Justice Committee
Meeting date: 29 November 2023
Audrey Nicoll
Professor Leverick, I want to pick up on the point that you made earlier about the potential for not proven to be used almost as a compromise verdict. That is linked to the issue of public confidence.
In your submission, you have a section headed
“Arguments against the retention of the not proven verdict”.
You say that the first argument is around stigma—we can maybe come to that. You go on to say:
“The second argument is that it risks a loss of public confidence in the criminal justice system, as it allows jurors to use it as a compromise verdict to bring deliberations to an end rather than engaging in more rigorous discussions. There is empirical evidence from the Scottish Jury Research that the verdict operates in precisely this way, with participants using it to bring deliberations to a premature end.”
How important is the issue of public confidence in the deliberations? What are your observations in and around that, in particular from the research that you have done?
Criminal Justice Committee
Meeting date: 22 November 2023
Audrey Nicoll
Good morning, and welcome to the 31st meeting in 2023 of the Criminal Justice Committee. We have received no apologies this morning.
Our first agenda item is a review of the correspondence that we have received on the progress that is being made on implementing the recommendations on deaths in custody. Members will recall that we took evidence from Gill Imery to review the progress on delivering on the recommendations in the report “Independent Review of the Response to Deaths in Prison Custody”, and that we wrote to various organisations thereafter. Paper 1 sets out the details of that and the replies that we have received.
I invite members to make comments. In any case, I suggest that we send copies of the letters to Ms Imery for her information and reflection.
Criminal Justice Committee
Meeting date: 22 November 2023
Audrey Nicoll
We will take that away.
Criminal Justice Committee
Meeting date: 22 November 2023
Audrey Nicoll
In terms of the existing FAI process, as compared with—