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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: 13 December 2023
Russell Findlay
No. Okay—thank you.
Criminal Justice Committee
Meeting date: 13 December 2023
Russell Findlay
One of the problems that we have had is the lack of data and, indeed, the flaws with research that have been identified by the panel. You told us that you have represented up to 300 men who have been accused of rape. Can you tell us the rough breakdown of verdicts in your cases between guilty, not guilty and not proven?
Criminal Justice Committee
Meeting date: 13 December 2023
Russell Findlay
—and they are not, they will reach for a not guilty verdict if not proven is unavailable.
Criminal Justice Committee
Meeting date: 13 December 2023
Russell Findlay
The Crown seemed to be suggesting that the result will potentially be more acquittals.
I will move on to a question that is perhaps for all three of you about the potential for retrial. The Crown appeared to be arguing that that should be an option in Scotland anyway but certainly if these changes are made. Do you have any views on that?
Criminal Justice Committee
Meeting date: 13 December 2023
Russell Findlay
If we are pushing ahead and it is likely that the Government intends to change jury sizes and the majority needed for a guilty verdict, and to remove the not proven verdict, should it also use the bill to bring in the opportunity to have a retrial? That might be for Mr Munro.
Criminal Justice Committee
Meeting date: 13 December 2023
Russell Findlay
So, unanimity or, perhaps, something like 10 or 11 out of 12.
Criminal Justice Committee
Meeting date: 13 December 2023
Russell Findlay
I will pick up on Pauline McNeill’s line of questioning about the attempt to seek a retrial in particular circumstances. This is a rapid-fire question and is just for my understanding. My understanding is that, under the change that you propose, a retrial would be at the court’s discretion. It would not be an arbitrary power that the Crown would have.
Criminal Justice Committee
Meeting date: 13 December 2023
Russell Findlay
What discussions has the Crown had with the Scottish Government about the issue?
Criminal Justice Committee
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
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.