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 1467 contributions
Criminal Justice Committee
Meeting date: 29 November 2023
John Swinney
In a sense, that is my point about the lack of clarity. In the minds of jurors, they are perhaps not making the hardest of judgments between guilty and not guilty. You have marshalled a number of scenarios in which different perspectives might pertain as they make those decisions.
Criminal Justice Committee
Meeting date: 29 November 2023
John Swinney
Do you agree that it would not be wise for the committee to ignore the fact that there is the potential in the relationship of that triumvirate to create a set of circumstances that might lead to quite a large variance of between 3 and 37 per cent?
Criminal Justice Committee
Meeting date: 29 November 2023
John Swinney
Our panellists have commented on the unanimity provision that exists in certain other jurisdictions. I am interested in understanding why our tradition is one of majority rather than one of unanimity.
Criminal Justice Committee
Meeting date: 29 November 2023
John Swinney
Let us say, for the sake of argument, that the Government’s proposal prevails and that the majority would have to be eight out of 12. You have expressed some reservations about whether that is the appropriate balance. The question that I am airing is: would the committee need to be mindful of other issues, if the Government was intent on pursuing that approach, in order to maintain confidence in the criminal justice system?
Criminal Justice Committee
Meeting date: 29 November 2023
John Swinney
That is exactly what I am getting at.
11:30Criminal Justice Committee
Meeting date: 29 November 2023
John Swinney
Can I interrupt you for a second, Professor Leverick? That is not what I am asking—
Criminal Justice Committee
Meeting date: 29 November 2023
John Swinney
I totally accept that you cannot do that, but I am interested in what issues we have to consider to ensure fairness to all parties—I stress “all parties”—to a trial.
Criminal Justice Committee
Meeting date: 29 November 2023
John Swinney
Based on your observations of the mock trials, your research suggests a multiplicity of views as to what the verdict means, whether it is that the Crown did not prove its case sufficiently or that the juror wants to send a signal to A N Other.
Criminal Justice Committee
Meeting date: 29 November 2023
John Swinney
In relation to the research work that you undertook, I would be interested to hear whether any differences in perspective or substance of view on the question emerged between the jurors in the sexual assault mock trial and those in the non-sexual assault trial.
Criminal Justice Committee
Meeting date: 29 November 2023
John Swinney
It might be helpful for the committee’s inquiry if we could actually hear why we have not proven as a verdict.