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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: 6 December 2023

Russell Findlay

Mr Duffy, I pay tribute to everything that you and your family have done during 31 long years of campaigning. You have spoken to probably every journalist in Scotland—and, no doubt, to every committee. After all that time, it seems that the scrapping of the not proven verdict is within touching distance. In all the years of hostility that you faced from the legal profession and others, did you think that this day would ever come? Perhaps another way of looking at it is, did you think that it would take so long?

Criminal Justice Committee

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

Meeting date: 6 December 2023

Russell Findlay

Over the 31 years that you have been campaigning, how many other families have you assisted?

Criminal Justice Committee

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

Meeting date: 6 December 2023

Russell Findlay

Your organisation will have pointed that out for a long time, I guess.

Criminal Justice Committee

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

Meeting date: 6 December 2023

Russell Findlay

Indeed.

The not proven verdict is an international anomaly. I get the sense that the legal profession has almost given up the fight on it. However, it is very concerned about the proposal to not just reduce the jury size but change the required numbers for a guilty verdict to eight out of 12—which, in itself, would be another international anomaly. I will quote to you what the Faculty of Advocates has told us:

“The inevitable consequence of Scotland adopting a majority of eight from twelve would be an international communication that Scotland places less value on protecting its citizens accused of crime than any and every other nation with a jury system.”

Do you share those concerns in any way?

Criminal Justice Committee

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

Meeting date: 6 December 2023

Russell Findlay

Am I right in saying that most of those whom you have helped, who were in a similar position to you, would have had no real knowledge of the verdict, or even of its existence, until then?

Criminal Justice Committee

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

Meeting date: 6 December 2023

Russell Findlay

Jurors might fall into line. However, we just do not know.

Criminal Justice Committee

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

Meeting date: 6 December 2023

Russell Findlay

Thank you very much for that.

Criminal Justice Committee

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

Meeting date: 6 December 2023

Russell Findlay

However, in many other comparable jurisdictions, there is a requirement for unanimity, or one short of unanimity, which seems to work. Might that be the way forward?

Criminal Justice Committee

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

Meeting date: 6 December 2023

Russell Findlay

Good morning. I start by picking up on Sandy Brindley’s earlier point about data. I would like to know how many rapes are reported to police and how many are prosecuted; how many of those involved a single complainer or multiple complainers; and, subsequently, how many resulted in a guilty, not guilty or not proven verdict. If I have understood you correctly, we, and you, do not have that data.

10:30  

Criminal Justice Committee

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

Meeting date: 29 November 2023

Russell Findlay

What about the issue of the seriousness of the crime requiring unanimity in certain cases?