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 1447 contributions
Criminal Justice Committee
Meeting date: 26 February 2025
Liam Kerr
My final question is about juries. The committee’s stage 1 report included evidence from Professor Leverick, who expressed the view that, if we are to move to a system that is similar to those in other jurisdictions, we should consider whether a majority of eight out of 12 jurors—in other words, a two-thirds majority with a reduced jury size—is appropriate. There is a proposal to retain the jury size at 15. I am not aware of any other system that has 15 jurors, so Scotland is potentially an outlier already, but that makes sense if, as the cabinet secretary acknowledged, we have a balanced system involving the not proven verdict and corroboration.
In relation to moving to a two-verdict system, changes to corroboration, which the cabinet secretary mentioned, and closer alignment with other jurisdictions on majorities, what does the cabinet secretary say to those who say that it is better to move to a 12-juror system to ensure that the whole system is more closely aligned with those in other jurisdictions where things have been tried and tested?
Criminal Justice Committee
Meeting date: 26 February 2025
Liam Kerr
Indeed.
Criminal Justice Committee
Meeting date: 19 February 2025
Liam Kerr
Thank you.
Criminal Justice Committee
Meeting date: 19 February 2025
Liam Kerr
One operational challenge that the committee has heard about is that the current temporary provisions on time limits in solemn cases are scheduled to end in November this year, but the solemn court system is not on track to be able to cope with pre-Covid time limits by that time. You will have seen that the Scottish Courts and Tribunals Service suggested some solutions. What is your view of those solutions, and, in any event, what is the Government doing in response to those concerns?
11:00Criminal Justice Committee
Meeting date: 19 February 2025
Liam Kerr
I am grateful for that answer. To stick with the issue of definitions, you may have seen that, in a previous evidence session, it was suggested to the committee that the definitions in section 9 of “child” and “young person” are used a little loosely, interchangeably and insufficiently clearly. What is your view on that, having reflected on those evidence sessions? Is that something that you propose to tighten at stage 2 or that you would welcome the committee tightening?
Criminal Justice Committee
Meeting date: 19 February 2025
Liam Kerr
Practical solutions require resources, of course. On a related note, we have heard the provisions being described as “enabling”, such that they allow for certain developments but do not require them. The financial memorandum does not seem to provide figures for the costs of expanding any virtual attendance. Is there a risk that what is enabled is not progressed because there are not any associated resources?
Criminal Justice Committee
Meeting date: 19 February 2025
Liam Kerr
Good morning, cabinet secretary. The committee heard—or it has been suggested to us—that, by not sticking to the definitions in the 2018 act, there was a risk of undermining the current understanding of domestic abuse. Is that a risk, or is that not going to be a problem?
Criminal Justice Committee
Meeting date: 19 February 2025
Liam Kerr
I am very grateful.
Criminal Justice Committee
Meeting date: 19 February 2025
Liam Kerr
Cabinet secretary, I wish to ask about virtual appearances from police custody. The committee has heard various concerns about the practical arrangements for such virtual appearances—regarding the ability of defence solicitors to consult clients, for example. You have obviously been through the evidence that we have heard. Do you recognise those concerns? Do you think that the solution is a legislative one or a practical one?
Criminal Justice Committee
Meeting date: 19 February 2025
Liam Kerr
I understand—that is interesting.
I will move on to my final question for now. The committee has previously expressed concern, on a general level, about the time that elapses between bills passing and the provisions coming into force. In your view, does this bill allow for reviews to take place of deaths that occur before the relevant provisions are brought into force?