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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 12 April 2025
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Displaying 1024 contributions

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Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 February 2025

Angela Constance

I will try to focus on amendments. Part 5 specifically relates to the sexual offences court. All the participants and parties in that court have to be trained to be trauma informed. In relation to amending the bill, I have to bear in mind that the training of the judiciary is a matter for the Lord President. However, I assure Ms Dowey that I know from my engagement with the Judicial Institute for Scotland and with victims, who have also engaged with the Judicial Institute on training, that there has been a wealth of work and input on training, including on refresher training and expanding the training input for induction courses for the judiciary. That obviously includes sheriffs.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 February 2025

Angela Constance

It is still at the preparatory stages. Heather Reece Wells has been closely involved in that work with stakeholders.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 February 2025

Angela Constance

You are arguing for equality of arms.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 February 2025

Angela Constance

My approach starts from the position that, although there is not unanimity, there are still people opposed to the abolition of the not proven verdict. However, even among those who oppose the abolition of the not proven verdict, there is acceptance that it is likely to happen if the Parliament approves the bill.

My reasons for amending the bill are partly to reflect the Government’s position in response to the committee’s stage 1 report. In particular, I will amend the bill to retain a jury size of 15. Although there was an argument to reduce the size of juries, I do not want to lose focus on where the debate now is and where it should be.

The debate now needs to focus on what the jury majority—that is, the threshold for conviction—should be. I recognise that there are different views on that, although, based on the amendments and a range of discussions with stakeholders, it appears that most people would have concerns about the threshold being a simple majority. There are strong, respected voices in favour of the simple majority. However, we need to make a careful judgment, based on the research—from Scotland and elsewhere—and meta-analysis, which tell us that moving from three possible verdicts to two has an impact on other parts of our verdict and jury system.

Going forward, we need to have absolute confidence that verdicts are returned on a sound, rational basis that ensures balance and fairness to all parties. Part 4 of the bill, on criminal juries and verdicts, is the cornerstone of the bill and a fundamental part of our system. It is also a stand-alone reform.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 February 2025

Angela Constance

I know, and I was giving my position for clarity. I meant no disrespect, convener, to you or to Mr Macpherson.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 February 2025

Angela Constance

For clarity, we have not changed our position on the not proven verdict, and we have not changed our position on a two-thirds majority either. We have changed our position on the size of the jury.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 February 2025

Angela Constance

That is now on my radar.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 February 2025

Angela Constance

My worry about that, Mr MacGregor—and I will be direct and forthright, so forgive me—is that it sounds like a cop-out. We have substantial evidence from the meta-analysis and the Scottish research. We do not have unanimity among all the stakeholders, but in my experience, unanimity among all parliamentarians, including at this committee, is somewhat of a rarity. You can build consensus, but consensus is different from absolute unanimity across the board, and we have a great range of evidence.

I hope that I have outlined that near unanimity, in the context of our existing system and in the context of reforms, is just too high a standard. However, based on the evidence, it is also my reading of the position that the majority of stakeholders recognise that a simple majority would be too low a standard. Therefore, the Government and the senators of the College of Justice have come to a balanced and proportionate view.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 February 2025

Angela Constance

I will ask Lisa McCloy to come in on that. The process has, from beginning to end, been one of deliberation. I think that there has been good visibility of the consideration that would be required to amend the jury majority if the not proven verdict were to be abolished, but there have been numerous discussions with numerous stakeholders, and those will continue.

I do not know whether Lisa can add anything further.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 February 2025

Angela Constance

There is the view of the senators. We also know the views of victim support organisations such as Scottish Women’s Aid and Rape Crisis Scotland, which are advocating for a simple majority. The Law Society of Scotland and the Faculty of Advocates are advocating for a supermajority, as it has been labelled by Mr Kerr.

I would point out that stakeholders, as a whole, have to come to a careful judgment, and, at the end of the day, it will be the committee and the Parliament that will vote on this. However, it appears to me that there is more rather than less acceptance that, if we move to a two-verdict system, you need to address issues around the—[Interruption.] I am sorry—I cannot read what my official is showing me. They will have to print it.