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Chamber and committees

Motion ref. S6M-02553

Ending the Not Proven Verdict

Submitted by: Jamie Greene, West Scotland, Scottish Conservative and Unionist Party.
Date lodged: Monday, December 13, 2021

Supported by: Sharon Dowey
Current status: Taken in the Chamber on Thursday, December 16, 2021

Motions as amended

That the Parliament recognises concerns held by many about the current three verdict system, including issues raised in independent jury research that suggest jurors may have inconsistent views on the meaning and effect of the not proven verdict; further recognises the concerns raised by the complainers of particularly heinous crimes, including gender-based violence, rape and domestic abuse, that the not proven verdict is more often applied in crimes of rape and attempted rape compared to other crimes; notes the strong case that can be made for the abolition of the not proven verdict; further notes that the Scottish jury system is a complex, inter-related system and that verdicts must be considered alongside other key aspects of jury size, majority and corroboration, and against the background of wider, related work, including the recommendations of the Lord Justice Clerk’s review on the management of sexual offence cases, encourages all those with an interest to consider and respond to the current Scottish Government consultation on the not proven verdict and related reforms; recognises that many survivors of sexual crimes find their experiences of the justice system to be re-traumatising, and believes that improving the experience of victims will require improvements throughout the criminal justice process and that this must start with clearing the backlog of court cases, which disproportionately affects access to justice for women and children, as a priority.


Vote

Result 92 for, 26 against, 0 abstained, 11 no vote Vote Passed

Scottish Labour  21 for, 0 against, 0 abstained, 1 no vote Read more Read less

Scottish National Party  59 for, 0 against, 0 abstained, 5 no vote Read more Read less

Scottish Conservative and Unionist Party  1 for, 26 against, 0 abstained, 4 no vote Read more Read less

Scottish Green Party  7 for, 0 against, 0 abstained, 0 no vote Read more Read less

Scottish Liberal Democrats  4 for, 0 against, 0 abstained, 0 no vote Read more Read less

For
Against
-
Abstained
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No vote
-

No Party Affiliation  0 for, 0 against, 0 abstained, 1 no vote Read more Read less

For
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Against
-
Abstained
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No vote

Original motion text

That the Parliament believes that the current three verdict judicial system in Scotland’s criminal courts is not fit for purpose, as it frequently does not deliver justice for the victims of many heinous crimes, including gender-based violence, rape and domestic abuse, and therefore calls for the removal of the not proven verdict.


Accepted amendments

Motion ref. S6M-02553.3

Ending the Not Proven Verdict - Amendment

Submitted by: Keith Brown, Clackmannanshire and Dunblane, Scottish National Party, Date lodged: Tuesday, December 14, 2021

Supported by: Ash Regan
Current status: Taken in the chamber on Thursday, December 16, 2021

Result 91 for, 27 against, 0 abstained, 11 no vote Vote Passed


Amendments that have not been voted on

Motion ref. S6M-02553.1

Ending the Not Proven Verdict - Amendment

Submitted by: Pauline McNeill, Glasgow, Scottish Labour, Date lodged: Tuesday, December 14, 2021

Supported by: Katy Clark, Paul Sweeney
Current status: Taken in the chamber on Thursday, December 16, 2021


Motion ref. S6M-02553.2

Ending the Not Proven Verdict - Amendment

Submitted by: Maggie Chapman, North East Scotland, Scottish Green Party, Date lodged: Tuesday, December 14, 2021

Current status: Taken in the chamber on Wednesday, December 15, 2021