The Official Report is a written record of public meetings of the Parliament and committees.
The Official Report search offers lots of different ways to find the information you’re looking for. The search is used as a professional tool by researchers and third-party organisations. It is also used by members of the public who may have less parliamentary awareness. This means it needs to provide the ability to run complex searches, and the ability to browse reports or perform a simple keyword search.
The web version of the Official Report has three different views:
Depending on the kind of search you want to do, one of these views will be the best option. The default view is to show the report for each meeting of Parliament or a committee. For a simple keyword search, the results will be shown by item of business.
When you choose to search by a particular MSP, the results returned will show each spoken contribution in Parliament or a committee, ordered by date with the most recent contributions first. This will usually return a lot of results, but you can refine your search by keyword, date and/or by meeting (committee or Chamber business).
We’ve chosen to display the entirety of each MSP’s contribution in the search results. This is intended to reduce the number of times that users need to click into an actual report to get the information that they’re looking for, but in some cases it can lead to very short contributions (“Yes.”) or very long ones (Ministerial statements, for example.) We’ll keep this under review and get feedback from users on whether this approach best meets their needs.
There are two types of keyword search:
If you select an MSP’s name from the dropdown menu, and add a phrase in quotation marks to the keyword field, then the search will return only examples of when the MSP said those exact words. You can further refine this search by adding a date range or selecting a particular committee or Meeting of the Parliament.
It’s also possible to run basic Boolean searches. For example:
There are two ways of searching by date.
You can either use the Start date and End date options to run a search across a particular date range. For example, you may know that a particular subject was discussed at some point in the last few weeks and choose a date range to reflect that.
Alternatively, you can use one of the pre-defined date ranges under “Select a time period”. These are:
If you search by an individual session, the list of MSPs and committees will automatically update to show only the MSPs and committees which were current during that session. For example, if you select Session 1 you will be show a list of MSPs and committees from Session 1.
If you add a custom date range which crosses more than one session of Parliament, the lists of MSPs and committees will update to show the information that was current at that time.
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: 29 November 2023
Russell Findlay
On the point about juries being unable to reach a verdict, the most recent research—which is, I think, from New Zealand and dates from 2000—talks about a hung jury rate of 8.7 per cent, which is quite significant. If the bill does not include the ability to have a retrial, should there be some robust post-legislative scrutiny of the impact, which would require the Government to revisit that particular issue?
Criminal Justice Committee
Meeting date: 29 November 2023
Russell Findlay
Interestingly, the Scottish Office estimated in 1994 that, if the possibility of having a hung jury were introduced into Scots law, in line with practice in England, the number of such verdicts annually would be in single figures. So, on the basis of that research, it does not seem to be a huge issue.
Criminal Justice Committee
Meeting date: 29 November 2023
Russell Findlay
Yes.
Criminal Justice Committee
Meeting date: 29 November 2023
Russell Findlay
Good point.
Criminal Justice Committee
Meeting date: 29 November 2023
Russell Findlay
So, they were all willing participants. One thing that differs in that situation from that of real jurors is the sense that I get, anecdotally, that most real jurors are rather reluctant, but I guess that there is nothing that you can do about that.
Criminal Justice Committee
Meeting date: 29 November 2023
Russell Findlay
It contains quite a significant chapter on jury sizes and the issue of majority versus unanimity. This is a brief summary, but in England, Wales, Ireland, Australia, New Zealand, the United States and Canada, a jury of 12 is typical. The chapter describes Scotland as being very peculiar, having 15 jurors, and because of the other issues that we have touched on. In almost all of those other jurisdictions, a majority is either 10 or 11 of 12, with various other considerations sometimes coming into play, such as the seriousness of the offence or the length of time that has been spent considering and not being able to reach unanimity.
In response to what is being proposed in the bill on Scotland reducing its jury size from 15 people to 12 people, and on the verdict being reached by eight out of 12 people, the Faculty of Advocates criminal bar association said:
“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.”
That is a very strong thing to say. I note that, in your submission to us—and you have touched on it verbally, as well—you welcome the majority of eight of 12, but not unconditionally; you said that somewhat tentatively, and you also said that a judgment call needs to be made. Now that you are here, what is your judgment on the ideal number?
11:00Criminal Justice Committee
Meeting date: 29 November 2023
Russell Findlay
Has either of you been a juror in the past?
Criminal Justice Committee
Meeting date: 29 November 2023
Russell Findlay
I find the insight into the not proven verdict fascinating and helpful to our considerations. The committee has struggled to find legal practitioners who support the abolition of the verdict to give evidence. There is very strong opposition to the proposal. I also get the sense from speaking to different people that they seem to accept that the battle has perhaps been lost. Can you give us any sense of how significant the opposition is and what continues to motivate that, given the direction of travel?
Criminal Justice Committee
Meeting date: 29 November 2023
Russell Findlay
Is the book still available?
Criminal Justice Committee
Meeting date: 29 November 2023
Russell Findlay
It is lengthy.