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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 9 May 2025
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Displaying 1673 contributions

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Criminal Justice Committee

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

Meeting date: 13 December 2023

Russell Findlay

Obviously, as things stand, the Government is not willing to include such a provision, but you have lobbied hard to have it considered. Would you seek an amendment on the issue, if the Government is not forthcoming?

Criminal Justice Committee

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

Meeting date: 13 December 2023

Russell Findlay

The Crown Office cannot, but I am saying that, collectively, given what we are looking to do here, on the basis of what we think jurors might think currently, and might do in the future based on the changes, that research should really have been done.

Criminal Justice Committee

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

Meeting date: 13 December 2023

Russell Findlay

That makes sense. However, you said at the end that the 95 per cent not proven rate was something like four times the regular amount. We do not even know what the regular amount is, because we do not have the data. Where did you get that from?

Criminal Justice Committee

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

Meeting date: 13 December 2023

Russell Findlay

Thank you.

Criminal Justice Committee

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

Meeting date: 13 December 2023

Russell Findlay

Potentially, there are almost as many being wrongly convicted as there are being wrongly acquitted. Is that your assessment?

Criminal Justice Committee

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

Meeting date: 13 December 2023

Russell Findlay

I guess that Smith v Lees coming into play will alter things again.

Criminal Justice Committee

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

Meeting date: 13 December 2023

Russell Findlay

If the instruction from a judge is to convict only when sufficiently persuaded beyond reasonable doubt—

Criminal Justice Committee

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

Meeting date: 13 December 2023

Russell Findlay

As MSPs, we are being asked to radically alter the entire criminal justice process, and that is quite daunting. We have found that there is a dearth of data, not least in respect of cases of a sexual nature, including rape. We cannot establish how many appear to have been reported or are reported to the Crown Office, how many are then prosecuted, how many are single or multiple complainers or the outcomes in each case—as in guilty, not guilty or not proven. Last week, Rape Crisis Scotland put the blame for that lack of transparency on the Scottish Government. Is the Crown Office willing or able to share that specific data with the committee?

Criminal Justice Committee

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

Meeting date: 13 December 2023

Russell Findlay

One thing that Mr Renucci said—I have not seen it anywhere else—is that the mock jury trials lasted for one hour. That seems incredible and completely artificial. Is that the case?

Criminal Justice Committee

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

Meeting date: 13 December 2023

Russell Findlay

I want to come back to the research. Given how important this is and what we are seeking to do, it strikes me as incredible that it seems to be beyond the finest legal and academic brains in Scotland to conduct much more meaningful and robust research, while still respecting jury confidentiality and various other issues. Does that not need to happen first, before we make these radical proposed changes?