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 1402 contributions
Criminal Justice Committee
Meeting date: 7 February 2024
Rona Mackay
I totally understand.
Criminal Justice Committee
Meeting date: 7 February 2024
Rona Mackay
Conviction rates for rape are the lowest of any crime type; indeed, I think that the Lord Advocate said that the conviction rate for single-complainer rape cases is 20 per cent, which is quite shocking. Cabinet secretary, you will know that Rape Crisis is very concerned about the two-thirds majority in a 12-person jury and feels that it would make it harder to get convictions, which is clearly the last thing that we want.
Before we go on to talk about the new sexual offences court, I have what is quite a left-field question, but I am going to ask it anyway. We are talking about jury balance and sizes. Do you envisage the Government ever making provision for a different configuration of or different criteria for juries in that court, to try to balance out Rape Crisis’s fears in relation to corroboration and all the rest of it? Given that we are setting up a new court anyway, is that something that the Government would ever consider?
Criminal Justice Committee
Meeting date: 6 February 2024
Rona Mackay
Do you recognise that a judge would be specifically trained and trauma informed, and that therefore bias and the belief in rape myths would not be as great?
Criminal Justice Committee
Meeting date: 6 February 2024
Rona Mackay
As I understand the matter, that is the conviction rate.
Criminal Justice Committee
Meeting date: 6 February 2024
Rona Mackay
Will your members come up with any constructive alternative proposal?
Criminal Justice Committee
Meeting date: 6 February 2024
Rona Mackay
But you have said that you are not going to do that in this case.
Criminal Justice Committee
Meeting date: 6 February 2024
Rona Mackay
I will go back to conviction rates. Your submission says:
“if the Scottish Government wishes to increase the convictions . . . we simply ask, what is the correct conviction rate?”
You quote someone called Tommy Ross KC, who said that
“the correct conviction rate is the number of cases that are proved beyond a reasonable doubt. I believe we are achieving that at present.”
Do you think that a 20 per cent conviction rate for single rape complainers is acceptable?
Criminal Justice Committee
Meeting date: 6 February 2024
Rona Mackay
Does that have anything to do with the legal profession wanting to carry on without any changes?
Criminal Justice Committee
Meeting date: 6 February 2024
Rona Mackay
Good morning, Mr Brown. I go back to the first question that you answered. You admitted that there is a lack of diversity in the profession. Your submission says:
“Judges are picked from a very small section of society: they are all middle-aged, ... predominately male, often privately-educated and almost exclusively members of the Faculty of Advocates.”
That sounds like an old boys club to me. Does that not say a lot about the profession?
Criminal Justice Committee
Meeting date: 6 February 2024
Rona Mackay
I understand that, but the Lord Advocate, Lady Dorrian and women’s organisations that deal with women victims of rape every day want this to happen. They have all said that there needs to be radical change. If you do not accept what is proposed, what proposals would you put forward for radical change, or indeed, for any change?