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 1232 contributions
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
Surely, in a murder case, which is a very serious case, the Crown will proceed if there is sufficiency of evidence. That would be the test that it would apply in a murder case.
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
Is it generally the case that jury trials tend to lead to more acquittals than non-jury cases?
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
I think that we understand that. However, we know that, in Scotland, the way that the Crown marks cases is based on sufficiency of evidence—
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
You seem to be saying that it often comes down to who is believed in court.
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
Given that we know that there are rape myths—we perhaps do not know exactly how they impact on every case or how often that is a massive factor—it is surely easier to educate and select judges, who are a relatively small group, in order to try to address rape myths in their decision making, than it would be to educate a new jury in every single rape case.
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
Summary cases tend to lead to convictions, do they not?
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
Mr Brown, do you accept that another potential criterion for the success of a pilot might be the experience of complainers? One of the issues that the committee has been very concerned about over a long time is the experience of complainers. Rape victims repeatedly say that they find it retraumatising to go through not just the process of the actual trial but the whole justice system. Do you accept that it is possible that taking the jury out of the process might impact on complainers’ experiences, and that that might be a criterion that we should consider?
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
I understand that often the issue in a rape trial is consent.
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
—which means that if the jury believes the evidence, there should be a conviction. That is what you would expect if the evidence is accepted by the court. Is that correct?
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
So, yes—if the Crown evidence is accepted, there should be a conviction. We understand that many judges believe that they have been involved in sexual offences cases in which there could have been a conviction and it would have been justified, but the jury acquitted. Is it possible that we might get different outcomes if such cases were heard by a single judge? Given that this is a pilot—it is not changing the whole system; it is simply a pilot—do you think that that is worth looking at?