Skip to main content

Language: English / Gàidhlig

Loading…

Seòmar agus comataidhean

Official Report: search what was said in Parliament

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

Criathragan Hide all filters

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 26 November 2024
Select which types of business to include


Select level of detail in results

Displaying 2941 contributions

|

Criminal Justice Committee

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

Meeting date: 13 December 2023

Audrey Nicoll

We move to our second panel of witnesses. From the Crown Office and Procurator Fiscal Service, I welcome Laura Buchan, who is procurator fiscal for policy and engagement, and Alisdair Macleod, who is principal procurator fiscal depute in the policy division. I intend to allow around 60 minutes for the session.

I will open up with a general question on the jury research that has been undertaken in Scotland. Laura, what weight do you give to the findings of the available research, including the Scottish jury research, as part of the evidence relating to the proposals in part 4 of the bill?

Criminal Justice Committee

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

Meeting date: 13 December 2023

Audrey Nicoll

I know that that is an important issue, but I need to move on and bring in John Swinney.

Criminal Justice Committee

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

Meeting date: 13 December 2023

Audrey Nicoll

Thank you. I call Fulton MacGregor.

Criminal Justice Committee

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

Meeting date: 13 December 2023

Audrey Nicoll

Good morning, and welcome to the 34th meeting in 2023 of the Criminal Justice Committee. We have received no apologies this morning.

Our main item of business today is to continue to take evidence on the Victims, Witnesses, and Justice Reform (Scotland) Bill. We will continue phase 2 of our scrutiny and focus specifically on part 4 of the bill, which covers the abolition of the not proven verdict and changes to jury sizes and majorities.

We are joined by Ronnie Renucci KC, who is vice-dean of the Faculty of Advocates; Mr Stuart Munro from the Law Society of Scotland; and Mr Stuart Murray, who is president of the Scottish Solicitors Bar Association. Welcome to you all.

I refer members to papers 1 and 2. I intend to allow up to 75 minutes for this session.

As ever, I will begin with a general question. I will work from my right to my left, and bring in Mr Munro first, then Mr Renucci, and then Mr Murray. Why do you believe that the not proven verdict should be retained as a third verdict?

Criminal Justice Committee

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

Meeting date: 13 December 2023

Audrey Nicoll

I will now bring in other members. Fulton MacGregor is first.

Criminal Justice Committee

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

Meeting date: 13 December 2023

Audrey Nicoll

I need to move things on. I am conscious of time. I encourage members to direct their questions to specific witnesses, unless it is absolutely necessary to ask all witnesses because you would like a response from each of them. We will get through more questions that way.

Criminal Justice Committee

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

Meeting date: 13 December 2023

Audrey Nicoll

We have strayed a little from part 4. I do not like to be too precious, but I point that out in the interests of getting as much evidence as possible on part 4.

Criminal Justice Committee

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

Meeting date: 13 December 2023

Audrey Nicoll

Thank you very much for those opening responses. I will ask a follow-up question and put it to the three of you in the same order as before.

In the interests of having an accessible and transparent justice system in Scotland, how would you define “not proven”? That there is no definition of the not proven verdict has come up in previous evidence sessions. How would you define “not proven” if its meaning were to be set out in legislation, for example?

Criminal Justice Committee

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

Meeting date: 13 December 2023

Audrey Nicoll

It is probably helpful to point out that the mock jury research that we heard about from Professor Fiona Leverick and Eamon Keane is one part of the evidence that the committee will take. I do not think for one minute that the bill’s provisions are based solely on the findings of mock jury research. Thank you for that helpful response.

Criminal Justice Committee

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

Meeting date: 13 December 2023

Audrey Nicoll

If no other members want to come in, I will draw the session to a close and thank the witnesses for attending this morning.

That completes our agenda item. We now move into private session.

12:34 Meeting continued in private until 13:09.