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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: 31 January 2024
John Swinney
I have questions on part 4 of the bill in relation to the composition of juries. Will you share any issues that you believe that the committee needs to be mindful of in the consideration of the parts of the bill that relate to the change to the jury majority provisions from a simple majority to a two-thirds majority? What should the committee consider in relation to that proposal?
Criminal Justice Committee
Meeting date: 31 January 2024
John Swinney
Is it the position of the judiciary that, if we abolish not proven, we should retain 15 as the jury size and a threshold of 10 should be arrived at for conviction?
Criminal Justice Committee
Meeting date: 31 January 2024
John Swinney
I thank the witnesses for being here today and for their important and valuable work.
Lady Dorrian, when she appeared before the committee, made an important point in respect of what we are talking about. She said that, until the age of social media, the common assumption was that an anonymity provision existed, because it was, in essence, voluntarily respected by what one might call the established media, but we are now in a very different era.
Following the convener’s line of questioning, I am interested in whether you believe that the bill’s provisions cast the net wide enough to address not only the current media that we know about but the media that we might not know about, which might be yet to come.
11:45Criminal Justice Committee
Meeting date: 24 January 2024
John Swinney
Thank you for that. That answer gets into some of the territory that links with other parts of the bill with regard to trauma-informed practice. One of the themes of the bill that I have been interested in is that, if that principle is to be faithfully applied in all situations, the courtroom dynamics have to change dramatically as a consequence. Would you agree with that conclusion?
Criminal Justice Committee
Meeting date: 24 January 2024
John Swinney
That is really interesting. You have made the point, points were made to us by Lady Dorrian, and the point was made very powerfully to us by the citing of a case by the Lord Advocate in the same evidence session on 10 January. In that case, the Court of Appeal laid down a very hard judgment about the conduct of a case in 2020, which is not terribly long ago. I have read the judgment of the Court of Appeal, which makes grim reading in 21st century Scotland. When I read that as a member of Parliament, I think to myself that we had better legislate for that because, even with the direction that I recognise that there has been from the Lord President and the Lord Justice Clerk throughout their tenure in order to improve those issues, there is still a way to go. Mr Di Rollo said that there is still a way to go.
Criminal Justice Committee
Meeting date: 24 January 2024
John Swinney
I want to pursue a point that Professor Chalmers made—although it relates to the contributions of all our witnesses—about the adequacy of the research base.
If I have heard it once in my time that we do not have enough research on a subject, I have heard it a million times. The airing of the research this morning has been enormously helpful in informing the committee’s proceedings, and my conclusion is that we should look at all the research in the round and make our judgments out of it. Would it be fair to say that the gold standard of research that we require here is to understand better the deliberative process of individual and collective jurors, and that we will never be able to fully get a hold of that?
Criminal Justice Committee
Meeting date: 24 January 2024
John Swinney
In that circumstance, though, we would have a written judgment that we could all pore over.
Criminal Justice Committee
Meeting date: 24 January 2024
John Swinney
The necessity of the reform provides the impetus for the action to be undertaken.
Criminal Justice Committee
Meeting date: 24 January 2024
John Swinney
Correct.
Criminal Justice Committee
Meeting date: 24 January 2024
John Swinney
I will take that example. That strikes me as highly analytical. I understand that point. Mr Di Rollo has just said that, although the culture has changed a lot, it has not changed enough. It still strikes me, as a member of Parliament who is scrutinising a bill on victims, witnesses and justice reform, that there is a risk that victims—complainers—might well be subjected to conduct that, if we do not pass the bill, might not be addressed by the reforms that we might leave for the legal profession to make in a piecemeal fashion.