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: 6 December 2023
Pauline McNeill
Earlier, you said:
“If you accept that the not proven verdict might be contributing to wrongful acquittals”.
The Government has not said that. That might explain where it is coming from. The Government has explicitly said to the committee that it is not, through the proposals, trying to make any change to the number of acquittals.
Criminal Justice Committee
Meeting date: 6 December 2023
Pauline McNeill
I have a few questions for Sandy Brindley. Would you accept that the committee has been asked to scrutinise the issue and to make a decision in relation to all cases, not just rape cases?
Criminal Justice Committee
Meeting date: 6 December 2023
Pauline McNeill
Yes, I understand that, but a judge or sheriff also say, “If you’ve got any reasonable doubt in your mind, you shouldn’t convict.” Is that right?
Criminal Justice Committee
Meeting date: 6 December 2023
Pauline McNeill
Good morning. I will start with Joe Duffy.
First, thank you for your evidence. You are quite convincing on the issue of whether the not proven verdict is well explained. I do not have a strong view either way on the verdict, so I am just listening to the evidence.
I turn to my first question. When the judge gives directions to the jury, they will presumably, as well as explaining the three verdicts, say, “If you’ve got any doubt in your mind, you shouldn’t convict.” Some people think that if we strip away one of the verdicts, it is more likely that we would simply get more not guilty verdicts. I wonder what you think about that.
Criminal Justice Committee
Meeting date: 6 December 2023
Pauline McNeill
I want to establish what happens. We are all lay people here—
Criminal Justice Committee
Meeting date: 6 December 2023
Pauline McNeill
—so we are only going by what we understand. The judge would normally direct the jury by saying, “If you’ve got reasonable doubt”. Would you accept that?
Criminal Justice Committee
Meeting date: 29 November 2023
Pauline McNeill
Which is?
Criminal Justice Committee
Meeting date: 29 November 2023
Pauline McNeill
It says that it “may be thwarted.” The Government may have started off there, but it is clear to us now that that is not the Government’s intention. More importantly, you say in the article:
“But the proposal for eight out of twelve might be criticised for creating an unacceptable risk of wrongful conviction.”
That is what I want to ask you about. Do you have concerns about the jury numbers?
Criminal Justice Committee
Meeting date: 29 November 2023
Pauline McNeill
I am not disagreeing.
Criminal Justice Committee
Meeting date: 29 November 2023
Pauline McNeill
I am just trying to get my head around the point that you are uncomfortable with a simple majority, but you acknowledge that the reason for having a simple majority is that we have three verdicts.
Just finally, in England, is it 10 out of 12 jurors?