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 1601 contributions
Criminal Justice Committee
Meeting date: 10 January 2024
Pauline McNeill
I suppose that the fine line that you mentioned is about where cases go. Currently, they go to either the High Court or the sheriff court. You said that, in the case of the High Court, an advocate depute has a single case and you talked about the cost of that. Will that fine line disappear with the specialist court? In other words, who will you instruct to take on those cases? Will ADs take them on? How will you decide on that, if there is no distinction between cases, as there is at the moment, which means that you decide to send them either to the High Court or to the sheriff court, if you see what I mean?
Criminal Justice Committee
Meeting date: 10 January 2024
Pauline McNeill
I am looking for some clarity from you, Danielle. The proposals that we have to scrutinise are huge, so it is really important to understand what the measures would look like if they were passed into law. I am sure that you will tell me if you are the wrong person to respond to this.
Something is confusing me about an answer that you gave to a question from Russell Findlay about a murder case. At the moment, murder can be tried only in the High Court, because it is the most serious crime and it attracts the highest sentence. If there is a sexual element, it will attract an even higher sentence. That is where I need clarity. Surely there could be no change to that. I am concerned about there being some grey area, such that murder cases could go to a court that is designed for sexual offences. I do not understand why there is any grey area for cases where the victim is dead. Will you explain?
Criminal Justice Committee
Meeting date: 10 January 2024
Pauline McNeill
That is clear. Will that change?
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
Do you think that it would be a good use of the Parliament’s time to take through the necessary legislation to allow for research such as that done by Cheryl Thomas?
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
My final question is about the numbers on the jury if the not proven verdict were to be removed. The profession would prefer a unanimous jury but would accept, as in England, a majority of 10 to two. I understand that your fundamental position is to retain the not proven verdict. Ronnie Renucci, can you talk the committee through what, you think, the Crown would have to show in order to get a conviction? To a layperson, you are saying that the jury is required to have a unanimous verdict before you could convict, and that sounds like it would be really difficult to get a conviction, whereas a majority of 10 to two seems to allow for it. However, of course, we do not understand how juries operate or the proceedings of a court.
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
That is helpful. Finally, given the hundreds of cases that you have—
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
I understand most of it, but I just want to clarify that, as the proposals stand—not for the other suggestion—it is still the Crown’s position that there should be the option of a retrial under the Government’s proposal for a majority of eight to four. Would you still argue for that?
12:00Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
That is in your seven to five scenario.
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
Good morning. Have you any comment to make on some of the evidence that we have heard on the use of not proven in rape cases? I am trying to understand this. There is the use of not proven in not guilty verdicts in rape cases, and then there is the comparison with other crimes, which, I imagine, will look different. Is there anything that you can tell the committee from your experience or practice about the use of not proven in rape cases? Do you have any concern that it is used too often, or do you have no concerns at all?
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
Finally, your submission suggests that, if there were an increase in the majority that is required for a jury to convict, consideration should be given to the prosecution being able to seek a retrial where the higher majority is not reached. Is that your policy position? In other words, are you arguing for that anyway? Why would you not argue for having a retrial policy in the current verdict system? How radical a suggestion is that? From a layperson’s reading, it seems quite radical to introduce that question. While we have been debating the three verdicts and the majorities, you have thrown into the mix the idea that there should be scope for a retrial. I have absolutely no idea how radical that is. If you could speak to that, that would be great.