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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 22 June 2025
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Displaying 1099 contributions

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Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

I did not address the question about majorities, which, to be fair, is a much more complex matter. There are black and white arguments in favour of the abolition of the not proven verdict, and there are long-standing concerns that support its abolition. However, there are very different considerations around the jury majority.

In all of this, at the forefront of our minds is how we not only improve the experience for complainers by overcoming barriers to access to justice, but protect the integrity and balance of the system and reduce any risk of miscarriages of justice. There are some fine judgments to be made on how we achieve those two things. I will explain why, on the basis of evidence, the Government proposes that we move from a simple majority to a qualified majority of two thirds and why we do not propose to move to near unanimity or unanimity, but it is a complex area.

In short, Scotland’s jury structure system is an outlier. No other system has three verdicts. No other comparable jurisdiction convicts on the basis of a simple majority and, as I intimated earlier, no other comparable system has a jury of 15.

09:45  

There are three sources of evidence on this. There is the Scottish jury research; there is a recent meta-analysis; and there are other reports over the past 15 years that show that, if you move from three verdicts to two verdicts, you will increase conviction rates for all crimes. The Scottish jury research is not quite as unequivocal, but the evidence shows that moving from three verdicts to two will increase convictions across all crimes, not just sexual crimes. Therefore, we have opted to move away from a simple majority, but not to move to near unanimity, because of the other protections in the system that exist, which we may, at the convener’s discretion, get on to. I have opted for the two-thirds majority.

I will leave my remarks there, because I appreciate that there will be other questions.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

But the evidence for the abolition of not proven goes way beyond that. It far exceeds the fact that we are an outlier—

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

That part of the bill is about neither increasing nor decreasing conviction rates.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

You did not hear that from me.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

We have built a bill that is based on the substantial research that exists, and I have no doubt that we will build into it that there will have to be on-going evaluation of its impact, whether that is a more collective impact or the impact of particular aspects of it.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

It has not been through the specific door of my office up to this moment in time. I hope that that is not too much information for you, Mr Findlay—

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

I will pass the question to Alastair Bowden in a moment, but my understanding is that the limitations in the Contempt of Court Act 1981 place constraints on live, real-life research as deliberations happen.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

We might have a different understanding of what occurs or the changes that have been made south of the border, and there might be different views on what the legal barriers are to getting the breakdown that you mention. I do not know whether Alastair Bowden or Nicola Guild wants to come in on that.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

I think that that is fair. It is not off the table. I want to say something positive and then say where we need to be careful. In removing the not proven verdict, where we have moved towards taking out something that is seen as a third verdict, or the compromise verdict in difficult cases, we need to keep clear positions. In our system thus far, retrials have not been a feature. Our system has rested on the finality of verdicts. In terms of transparency between me and the committee, I would want to explore further whether the Lord Advocate has outlined, or is looking for, a system of retrial, or whether it is more about adding in additional exceptions to double-jeopardy legislation. There will, of course, be discussions—that is the short answer.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

I understand and entirely accept that there are unique challenges around sexual offences cases. When we look at the system overall, we see that although the not proven verdict is rarely used—it is the verdict in 1 per cent in summary cases and 5 per cent in solemn cases—it is used more frequently in sexual offences cases.

The short answer to your question, Ms Mackay, is that we will reflect on the matter accordingly. There would be particular challenges with what you suggest, but it is perhaps better for me not to give an off-the-cuff response.