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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 13 July 2025
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Displaying 1264 contributions

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Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 13 December 2023

Pauline McNeill

That is helpful. Finally, given the hundreds of cases that you have—

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

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?

12:00  

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 13 December 2023

Pauline McNeill

That is in your seven to five scenario.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

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

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

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.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

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

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

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

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

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

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

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

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 6 December 2023

Pauline McNeill

I want to establish what happens. We are all lay people here—