Ending the Not Proven Verdict
- Submitted by: Jamie Greene, West Scotland, Scottish Conservative and Unionist Party.
- Date lodged: Monday, 13 December 2021
- Motion reference: S6M-02553
- Current status: Taken in the Chamber on Thursday, 16 December 2021
Motions as amended
That the Parliament recognises concerns held by many about the current three verdict system, including issues raised in independent jury research that suggest jurors may have inconsistent views on the meaning and effect of the not proven verdict; further recognises the concerns raised by the complainers of particularly heinous crimes, including gender-based violence, rape and domestic abuse, that the not proven verdict is more often applied in crimes of rape and attempted rape compared to other crimes; notes the strong case that can be made for the abolition of the not proven verdict; further notes that the Scottish jury system is a complex, inter-related system and that verdicts must be considered alongside other key aspects of jury size, majority and corroboration, and against the background of wider, related work, including the recommendations of the Lord Justice Clerk’s review on the management of sexual offence cases, encourages all those with an interest to consider and respond to the current Scottish Government consultation on the not proven verdict and related reforms; recognises that many survivors of sexual crimes find their experiences of the justice system to be re-traumatising, and believes that improving the experience of victims will require improvements throughout the criminal justice process and that this must start with clearing the backlog of court cases, which disproportionately affects access to justice for women and children, as a priority.
Supported by:
Sharon Dowey
Vote
Result 92 for, 26 against, 0 abstained, 11 did not vote Vote Passed
Scottish National Party
- 59 for
- 0 against
- 0 abstained
- 5 did not vote
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For
- Adam, George
- Adam, Karen
- Adamson, Clare
- Allan, Dr Alasdair
- Arthur, Tom
- Beattie, Colin
- Brown, Keith
- Brown, Siobhian
- Callaghan, Stephanie
- Coffey, Willie
- Constance, Angela
- Dey, Graeme
- Doris, Bob
- Dunbar, Jackie
- Ewing, Annabelle
- Ewing, Fergus
- Fairlie, Jim
- FitzPatrick, Joe
- Forbes, Kate
- Gibson, Kenneth
- Gilruth, Jenny
- Gougeon, Mairi
- Grahame, Christine
- Gray, Neil
- Harper, Emma
- Haughey, Clare
- Hepburn, Jamie
- Hyslop, Fiona
- Kidd, Bill
- Lochhead, Richard
- MacDonald, Gordon
- MacGregor, Fulton
- Mackay, Rona
- Macpherson, Ben
- Martin, Gillian
- Mason, John
- Matheson, Michael
- McAllan, Màiri
- McKee, Ivan
- McLennan, Paul
- McMillan, Stuart
- McNair, Marie
- Minto, Jenni
- Nicoll, Audrey
- Regan, Ash
- Robertson, Angus
- Robison, Shona
- Roddick, Emma
- Somerville, Shirley-Anne
- Stevenson, Collette
- Stewart, Kaukab
- Stewart, Kevin
- Swinney, John
- Thomson, Michelle
- Todd, Maree
- Torrance, David
- Tweed, Evelyn
- Whitham, Elena
- Yousaf, Humza
Against
0Abstained
0Did not vote
Scottish Conservative and Unionist Party
- 1 for
- 26 against
- 0 abstained
- 4 did not vote
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For
Against
- Briggs, Miles
- Burnett, Alexander
- Cameron, Donald
- Carson, Finlay
- Dowey, Sharon
- Findlay, Russell
- Gallacher, Meghan
- Golden, Maurice
- Gosal, Pam
- Greene, Jamie
- Gulhane, Sandesh
- Halcro Johnston, Jamie
- Hamilton, Rachael
- Hoy, Craig
- Kerr, Liam
- Kerr, Stephen
- Lockhart, Dean
- Lumsden, Douglas
- Mountain, Edward
- Ross, Douglas
- Simpson, Graham
- Stewart, Alexander
- Webber, Sue
- Wells, Annie
- White, Tess
- Whittle, Brian
Abstained
0Did not vote
Scottish Labour
- 21 for
- 0 against
- 0 abstained
- 1 did not vote
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For
- Baillie, Jackie
- Baker, Claire
- Bibby, Neil
- Boyack, Sarah
- Choudhury, Foysol
- Clark, Katy
- Duncan-Glancy, Pam
- Grant, Rhoda
- Griffin, Mark
- Johnson, Daniel
- Leonard, Richard
- Marra, Michael
- McNeill, Pauline
- Mochan, Carol
- O'Kane, Paul
- Rowley, Alex
- Sarwar, Anas
- Smyth, Colin
- Sweeney, Paul
- Villalba, Mercedes
- Whitfield, Martin
Against
0Abstained
0Did not vote
Scottish Green Party
- 7 for
- 0 against
- 0 abstained
- 0 did not vote
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For
- Burgess, Ariane
- Chapman, Maggie
- Greer, Ross
- Harvie, Patrick
- Mackay, Gillian
- Ruskell, Mark
- Slater, Lorna
Against
0Abstained
0Did not vote
0Scottish Liberal Democrats
- 4 for
- 0 against
- 0 abstained
- 0 did not vote
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For
Against
0Abstained
0Did not vote
0No Party Affiliation
- 0 for
- 0 against
- 0 abstained
- 1 did not vote
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Original motion text
That the Parliament believes that the current three verdict judicial system in Scotland’s criminal courts is not fit for purpose, as it frequently does not deliver justice for the victims of many heinous crimes, including gender-based violence, rape and domestic abuse, and therefore calls for the removal of the not proven verdict.
Accepted amendments
Ending the Not Proven Verdict - Amendment - Amendment
Submitted by: Keith Brown, Clackmannanshire and Dunblane, Scottish National Party, Date lodged: Tuesday, December 14, 2021
Supported by: Ash Regan
Current status: Taken in the chamber on Thursday, December 16, 2021
Result 91 for, 27 against, 0 abstained, 11 did not vote Vote Passed
Amendments that have not been voted on
Ending the Not Proven Verdict - Amendment - Amendment
Submitted by: Pauline McNeill, Glasgow, Scottish Labour, Date lodged: Tuesday, December 14, 2021
Supported by: Katy Clark, Paul Sweeney
Current status: Taken in the chamber on Thursday, December 16, 2021
Ending the Not Proven Verdict - Amendment - Amendment
Submitted by: Maggie Chapman, North East Scotland, Scottish Green Party, Date lodged: Tuesday, December 14, 2021
Current status: Taken in the chamber on Wednesday, December 15, 2021