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Displaying 1601 contributions
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
I understand. Do you have any view on why that is?
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
Thank you. That is really helpful.
I said to the previous panel that most of us are laypeople so are a bit unfamiliar with a lot of practices, certainly in relation to prosecution policy. Broadly speaking, when you are marking a case—for example, a rape case—I presume that there is some guidance for prosecutors on how to decide whether the evidence is there to take a case forward. Is it harder to do that in rape cases than in other cases?
Criminal Justice Committee
Meeting date: 6 December 2023
Pauline McNeill
Thank you—that is a fair point.
Lastly, aside from the three verdicts, you do not see why the current system should change. Is it fair to highlight, however, that we currently have three verdicts and that that is why—as Joe Duffy said earlier—we convict on a majority of one? At present, someone can be tried and convicted of murder or rape on the difference of one vote. That is the reason why, if we were to remove one of the verdicts, the Government would also look at the ratio of the jury. Is it fair to say that we should look at the ratio if we take away one of the verdicts?
I realise that that is not where you are coming from—you just feel that there should be more convictions. However, we must look not just at rape trials but at all trials.
Criminal Justice Committee
Meeting date: 6 December 2023
Pauline McNeill
Would it not be fair, therefore, for the Government to look at the majority issue?
10:45Criminal Justice Committee
Meeting date: 6 December 2023
Pauline McNeill
I totally acknowledge that. However, it is that issue that I am questioning you on. Conviction is possible on a majority of one. Surely, without any bias in favour of one view or the other, you can see that, if one of the verdicts is taken away, it would be fair to look at the ratio of the jury, in order to create a balanced system. You might come up with a different answer—such as eight or 10—but is it not fair to look at the issue?
Criminal Justice Committee
Meeting date: 6 December 2023
Pauline McNeill
Would you acknowledge that the committee is required to look at changes that affect all trials, including for rape, murder and everything else?
Criminal Justice Committee
Meeting date: 6 December 2023
Pauline McNeill
Yes, I have acknowledged that—
Criminal Justice Committee
Meeting date: 6 December 2023
Pauline McNeill
You then have to decide from there. In the current system, if you have that doubt, you choose which verdict to give.
Criminal Justice Committee
Meeting date: 6 December 2023
Pauline McNeill
I note your point about the Faculty of Advocates. Last week, we heard evidence from Professor Fiona Leverick, who expressed the same concerns about removing the third verdict, or one of the verdicts. She said that she was concerned about the current proposals because they are out of step with the rest of the world. I wondered whether you had heard that.
Criminal Justice Committee
Meeting date: 6 December 2023
Pauline McNeill
I was just asking whether you knew what Fiona Leverick had said to the committee. She is not from the Faculty of Advocates. I was just pointing out that she gave that evidence to the committee, and we have to consider it.