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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 27 December 2024
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Displaying 816 contributions

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Criminal Justice Committee

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

Meeting date: 13 December 2023

Rona Mackay

Thank you.

You also said that the jury is not there to find the truth, that it is for the legal system to prove the offence and that, if it does not, it is a failing of the Crown. Do you understand why victims feel crushed and let down by a not proven verdict? They feel that the system is weighted against them and in favour of the accused, for the reasons that you have outlined. Many witnesses have said to us that they would much rather have had a not guilty verdict than a not proven verdict, because they are left in limbo.

Criminal Justice Committee

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

Meeting date: 13 December 2023

Rona Mackay

Why would that be? I know that that must be laid down somewhere, but do you think that it is fair that nobody knows?

Criminal Justice Committee

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

Meeting date: 13 December 2023

Rona Mackay

Obviously, it is not to identify people, but even having the numbers would be at least some information.

Criminal Justice Committee

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

Meeting date: 13 December 2023

Rona Mackay

I have a short supplementary question on the conviction rate in sexual offence cases. Laura, will the Lord Advocate’s recent ruling that distress can be used as evidence have an impact on the conviction rates?

Criminal Justice Committee

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

Meeting date: 13 December 2023

Rona Mackay

Thank you. That is helpful.

Criminal Justice Committee

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

Meeting date: 6 December 2023

Rona Mackay

—and that, after decades of campaigning, there is still confusion. That speaks volumes.

Criminal Justice Committee

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

Meeting date: 6 December 2023

Rona Mackay

That must have been difficult.

Criminal Justice Committee

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

Meeting date: 6 December 2023

Rona Mackay

You prefer 12.

Criminal Justice Committee

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

Meeting date: 6 December 2023

Rona Mackay

I do not have much more to ask, but I echo my colleague Russell Findlay’s comments to you, Mr Duffy, about your campaign. It is astonishing that, even after all your work, families still do not understand what the not proven verdict is—

Criminal Justice Committee

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

Meeting date: 6 December 2023

Rona Mackay

Good morning. Joe, I want to pick up my colleague’s point about reasonable doubt. As I understand it, in order for a case to come to court, there must be reasonable evidence. If that evidence cannot be proved, the verdict must be “not guilty”. That is a simplification, but that is how I see it.

You also made a point about not knowing what the jury majority was in a not proven verdict. I had not even thought about that. As you put it, that muddies the waters even more. I agree with that.

I want to ask you both about not majorities but jury size. For the record, would you keep it at 15, or would you make it 12?