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: 6 December 2023
Russell Findlay
Thank you very much for that.
Criminal Justice Committee
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
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
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
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
Meeting date: 6 December 2023
Russell Findlay
So, who has the responsibility to fix it?
Criminal Justice Committee
Meeting date: 6 December 2023
Russell Findlay
Your organisation will have pointed that out for a long time, I guess.
Criminal Justice Committee
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
Meeting date: 6 December 2023
Russell Findlay
Jurors might fall into line. However, we just do not know.
Criminal Justice Committee
Meeting date: 29 November 2023
Russell Findlay
Good point.