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 1673 contributions
Criminal Justice Committee
Meeting date: 20 December 2023
Russell Findlay
I was going to ask about the comments that the witnesses made about the culture, but I do not think that we have time, so I will instead focus on the estate. I share John Swinney’s incredulity about Dalmarnock. That police station is less than 10 years old and cost £24 million, but it is 80 per cent empty.
To go back to the budget, in its submission to the committee, Police Scotland said that it needed £463 million of capital funding for the next five years. Yesterday, you were given £64.5 million, which is significantly less. Are you able to rule out any further closures once the proposed plans have been implemented?
Criminal Justice Committee
Meeting date: 20 December 2023
Russell Findlay
You cannot confirm that it will be 2027 at this point, but you will come back to us on that.
As for sensitivities around the preservation and use of this data, all the other UK forces have managed such matters perfectly well for many years now. What is uniquely different about Police Scotland?
Criminal Justice Committee
Meeting date: 20 December 2023
Russell Findlay
Thank you convener, and good morning everyone. Chief constable, the first headline that you generated was about the misuse of a police car being driven by a police officer who was on duty. Any other officer who did that might have expected to get their P45, but the Scottish Government and the Scottish Police Authority have forgiven you. Does that incident risk compromising you and your relationship with the Government when it comes to asking for more money and other issues of that nature?
Criminal Justice Committee
Meeting date: 13 December 2023
Russell Findlay
The faculty’s written submission says that the “system ... ostensibly works”, yet, last week, the head of Rape Crisis Scotland told us that it is
“obvious to anyone—guilty men are regularly walking free”.—[Official Report, Criminal Justice Committee, 6 December 2023; c 9.]
Do you think that rapists are walking free, or is she wrong? That is for Ronnie Renucci.
Criminal Justice Committee
Meeting date: 13 December 2023
Russell Findlay
In its submission, the Crown Office points to the Scottish jury manual, which Mr Murray referred to earlier. It provides guidance to judges on directing juries. It says that, if a juror is satisfied beyond reasonable doubt,
“your duty is to convict”.
Otherwise, they would need to deliver a verdict of not guilty or not proven. The Crown is saying that, if the not proven verdict is scrapped, it is not clear why a juror who was not convinced of guilt would be considered more likely to return a guilty verdict. That appears to be at odds with your collective position: that jurors might be forced to return a verdict that they are not comfortable with or of which they are not convinced. Can you, perhaps, explain that anomaly or reasoning? That question is for Mr Renucci or anyone who might care to take it.
Criminal Justice Committee
Meeting date: 13 December 2023
Russell Findlay
Two weeks ago, Professor Fiona Leverick and Eamon Keane told us, to my surprise, that they opposed the eight out of 12 proposition. They believed we should have what is typical of international jurisdictions: either unanimity or 10 or 11 out of 12. I was surprised by their position. Given that their position is consistent with that of the legal profession, do you think that the Scottish Government should perhaps rethink the eight out of 12?
Criminal Justice Committee
Meeting date: 13 December 2023
Russell Findlay
Thank you.
Criminal Justice Committee
Meeting date: 13 December 2023
Russell Findlay
Is it not the case, though, that, as things stand, we cannot find out the breakdown of the jury numbers?
Criminal Justice Committee
Meeting date: 13 December 2023
Russell Findlay
I find it extraordinary that we appear to be flying blind. This is critical, and we do not have that basic data.
The bill’s policy memorandum says:
“jurors may be more likely to convict”
with the two-verdict system. The Scottish Solicitors Bar Association says that removing the not proven verdict would “undoubtedly”—that is the word used—result in more convictions. However, the Crown Office submission says that the 2019 jury research suggests that the opposite would happen and that jurors would be potentially less likely to convict. I wonder whether the bill is progressing on the false assumption that removing the not proven verdict will lead to an increased rate of conviction when, in fact, it is the opposite. Do you have any views on that?
Criminal Justice Committee
Meeting date: 13 December 2023
Russell Findlay
We are being asked to be mind readers of juries when, in fact, there is no real reason why academia and the legal profession could not have conducted some meaningful research, or so I believe.