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Chamber and committees

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 2 July 2025
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Displaying 3527 contributions

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Criminal Justice Committee

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

Meeting date: 29 November 2023

Audrey Nicoll

The joint submission that you sent to the committee supports the removal of the not proven verdict. Professor Leverick, what does the Scottish jury research tell us about the use and impact of that particular verdict?

Criminal Justice Committee

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

Meeting date: 29 November 2023

Audrey Nicoll

That is very helpful in setting out the context and the reality of the limitations that you faced in your research.

Can I tease out a little bit more about the strengths of the process that you engaged in while running what was obviously a big piece of work?

Criminal Justice Committee

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

Meeting date: 29 November 2023

Audrey Nicoll

Professor Leverick, I want to pick up on the point that you made earlier about the potential for not proven to be used almost as a compromise verdict. That is linked to the issue of public confidence.

In your submission, you have a section headed

“Arguments against the retention of the not proven verdict”.

You say that the first argument is around stigma—we can maybe come to that. You go on to say:

“The second argument is that it risks a loss of public confidence in the criminal justice system, as it allows jurors to use it as a compromise verdict to bring deliberations to an end rather than engaging in more rigorous discussions. There is empirical evidence from the Scottish Jury Research that the verdict operates in precisely this way, with participants using it to bring deliberations to a premature end.”

How important is the issue of public confidence in the deliberations? What are your observations in and around that, in particular from the research that you have done?

Criminal Justice Committee

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

Meeting date: 29 November 2023

Audrey Nicoll

Professor Leverick, I want to pick up on the point that you made about sexual offences. In your submission, you said:

“There was also evidence that this use”—

that is, the use of not proven—

“was ‘read into’ the verdict outcome by sexual offence complainers, undermining their belief that jurors discharged the weighty responsibility placed upon them with appropriate diligence.”

That is quite powerful commentary.

Criminal Justice Committee

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

Meeting date: 29 November 2023

Audrey Nicoll

I see that John Swinney and Sharon Dowey want to come back in.

Criminal Justice Committee

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

Meeting date: 29 November 2023

Audrey Nicoll

John Swinney wants to come in with a supplementary.

Criminal Justice Committee

Deaths in Prison Custody

Meeting date: 22 November 2023

Audrey Nicoll

In terms of the existing FAI process, as compared with—

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018

Meeting date: 22 November 2023

Audrey Nicoll

That concludes our business in public. Next week, we will begin phase 2 of our scrutiny of the Victims, Witnesses, and Justice Reform (Scotland) Bill. We will take evidence on part 4, which is the part of the bill that deals with the proposed abolition of the not proven verdict and changes to jury majorities.

10:32 Meeting continued in private until 13:09.  

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018

Meeting date: 22 November 2023

Audrey Nicoll

Our next agenda item is a review of the correspondence received on the implementation of the Domestic Abuse (Scotland) Act 2018. Members will recall that the committee undertook a short post-legislative review of the 2018 act and has been following up issues with the Cabinet Secretary for Justice and Home Affairs.

The clerk’s note in paper 2 sets out the details of that and the cabinet secretary’s most recent reply. Do members have any comments?

Criminal Justice Committee

Deaths in Prison Custody

Meeting date: 22 November 2023

Audrey Nicoll

Can I clarify that? Are you referring to the first recommendation on the establishment of an independent process?