The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1945 contributions
Criminal Justice Committee
Meeting date: 13 December 2023
Katy Clark
Is it the case that the legislative framework is slightly different in Scotland from that in England in relation to what academics can do?
Criminal Justice Committee
Meeting date: 13 December 2023
Katy Clark
And that has been a real barrier in Scotland. We have a lot of academics—
Criminal Justice Committee
Meeting date: 13 December 2023
Katy Clark
Obviously, a lot of issues do not translate easily into the Scottish system, but are you aware of much work in England on jury majority? Are you aware of how common it is—in England or in other jurisdictions, as I note that Stuart Munro spoke about other jurisdictions and referred to statistics elsewhere—to get a unanimous decision when a unanimous decision is not required or to get a majority? Stuart Munro, would you like to come in?
Criminal Justice Committee
Meeting date: 13 December 2023
Katy Clark
So, you think that there will be statistics.
Criminal Justice Committee
Meeting date: 13 December 2023
Katy Clark
We are not dealing with that at the moment. We may deal with it after Christmas.
Criminal Justice Committee
Meeting date: 13 December 2023
Katy Clark
In this session, we are trying to focus on whether a change in the numbers would make a substantial difference. If we put in place a requirement for unanimity, for example, would that make much difference to conviction rates? We do not really have any evidence from this jurisdiction, as far as I understand.
Criminal Justice Committee
Meeting date: 13 December 2023
Katy Clark
I have a question about what was said in the previous evidence session. I think that both of you were in the public gallery for that session. It is to do with the Contempt of Court Act 1981 and the fact that we are relying on mock jury research because there is a view that it is not possible to carry out research with real jurors. Have you looked at that? Do you think that that is why there is no academic research on real jurors in Scotland? Do you have any information in that regard?
11:45Criminal Justice Committee
Meeting date: 13 December 2023
Katy Clark
I think that Stuart Munro also said that he was not convinced that it was not possible to carry out research and that there had been discussion about it in England. That is a UK-wide piece of legislation, and, because there was a lack of clarity, the UK Government in Westminster introduced legislation to enable research to take place. Is it clear that we cannot carry out research? Is that particular aspect—that narrow issue—something that you have given consideration to? It can be a yes or no answer.
Criminal Justice Committee
Meeting date: 13 December 2023
Katy Clark
What you have said is helpful, but it also points out that it is possible to do such research. That has not happened in the lead up—
Criminal Justice Committee
Meeting date: 13 December 2023
Katy Clark
Right, so that is one of the reasons why—