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 1604 contributions
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
That is in your seven to five scenario.
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
Good morning. Have you any comment to make on some of the evidence that we have heard on the use of not proven in rape cases? I am trying to understand this. There is the use of not proven in not guilty verdicts in rape cases, and then there is the comparison with other crimes, which, I imagine, will look different. Is there anything that you can tell the committee from your experience or practice about the use of not proven in rape cases? Do you have any concern that it is used too often, or do you have no concerns at all?
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
Finally, your submission suggests that, if there were an increase in the majority that is required for a jury to convict, consideration should be given to the prosecution being able to seek a retrial where the higher majority is not reached. Is that your policy position? In other words, are you arguing for that anyway? Why would you not argue for having a retrial policy in the current verdict system? How radical a suggestion is that? From a layperson’s reading, it seems quite radical to introduce that question. While we have been debating the three verdicts and the majorities, you have thrown into the mix the idea that there should be scope for a retrial. I have absolutely no idea how radical that is. If you could speak to that, that would be great.
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
Thank you. Stuart Murray, you had an exchange with Katy Clark about the research that the Government is relying on. The policy memorandum is quite clear that the evidence used for removing the verdict is the research involving 900 mock jurors. Do you think that the Government would be taken more seriously on that research if we addressed the question of the Contempt of Court Act 1981 and, perhaps, as a part of this bill, legislated to allow research to be done on juries and trends in juries and how they come to their decisions?
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
Thank you. My final set of questions is for Ronnie Renucci. You have probably seen some of the exchanges in the Official Report of this committee in relation to the three verdicts, including last week’s evidence from Joe Duffy and Rape Crisis Scotland. In your opening remarks, you talked about what the Crown had to prove. Do you think that there has been enough discussion about how the judge charges the jury, if you like? Rather than debating the cold, clinical aspects of removing a verdict, would it be more useful to discuss what the jury is actually asked to do when it is deciding on a conviction?
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
But that is what the provisions are.
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
But the Crown is not satisfied with that.
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
If you are right and there would be public concern, why does the Government not just legislate for a majority of seven to five?
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
I know what you are saying, but the legislation would not say that, if it were passed.
Criminal Justice Committee
Meeting date: 13 December 2023
Pauline McNeill
You have said quite a lot.