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Chamber

Meeting of the Parliament 25 February 2016

25 Feb 2016 · S4 · Meeting of the Parliament
Item of business
Criminal Verdicts (Scotland) Bill: Stage 1

As is evident from this afternoon’s debate, changes to elements of criminal justice procedure are famously difficult to achieve and sometimes take decades—and, on occasion, centuries—of debate. The cabinet secretary’s commitment to maintain an open mind on the matter is welcome. It is regrettable that he rejects Michael McMahon’s proposal and I hope that, in the next session of Parliament, that open-minded approach will be maintained by whoever becomes the Cabinet Secretary for Justice.

The majority of members of the Justice Committee appreciated the need to reassess the use of the not proven verdict and questioned whether it provided an effective way forward. During the debate, it has been explained that there are reservations about section 2 of the bill, and I understand the arguments behind that concern. However, in its submission, Victim Support Scotland indicated that

“a not proven verdict can be confusing and disappointing.”

There is no doubt that those who go to court as witnesses are often left in a difficult situation upon hearing that there has been a not proven verdict, which leaves them in limbo, feeling they have neither closure nor a declared outcome from the court. The notion that one is innocent until proven guilty is black and white, and provides for a definite outcome at the conclusion of the process. For many, the inclusion of a not proven option is confusing.

The Faculty of Advocates has indicated:

“It is patronising to jurors to assume that they cannot or do not understand what this means.”

However, as my colleague Elaine Murray suggested, the evidence that the committee received from a justice of the peace on the use of that verdict was that it indicated a lack of clear thought about how the issues should be decided.

It is evident that there is controversy around this whole area of the criminal justice system. The Government has proposed changes to corroboration, and there is still a great deal of heat in connection with that debate that must be addressed.

The size of juries has been mentioned and the nature of a majority has been debated and obviously causes a great deal of concern. I congratulate Michael McMahon on allowing us to debate such issues, to which his bill adds the important issue of the not proven verdict.

I am pleased that Lord Bonomy’s review and recommendations will be examined in the next session of Parliament. I hope that the Parliament will keep the issue at the top of its agenda and commit to dealing with it as a matter of urgency. The issue has been a running sore. The not proven verdict has stigmatised the accused on many occasions and has left victims—and others—unhappy.

I ask the cabinet secretary to leave a note on the issue for whoever takes his place—the note might be for him if he is fortunate enough to go back into that post. The Labour Party’s intention is to support Mr McMahon’s bill, as much as anything to put down a marker that we did not all agree today that the principles of the bill are without credibility.

16:46  

In the same item of business

The Deputy Presiding Officer (John Scott) Con
The next item of business is a debate on motion S4M-15429, in the name of Michael McMahon, on the Criminal Verdicts (Scotland) Bill. 15:59
Michael McMahon (Uddingston and Bellshill) (Lab) Lab
I am pleased to open today’s debate on the Criminal Verdicts (Scotland) Bill. Today we debate and vote on whether the Parliament agrees to the general princi...
The Deputy Presiding Officer Con
I call Christine Grahame to speak on behalf of the Justice Committee. 16:09
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
Presiding Officer, as you say, I am speaking on behalf of the Justice Committee and not in a personal capacity, but first I personally want to commend Michae...
The Cabinet Secretary for Justice (Michael Matheson) SNP
First, I would like to thank Michael McMahon and the non-Government bills unit for their work on this legislation. Like other members, I commend Michael McMa...
Elaine Murray (Dumfriesshire) (Lab) Lab
As Michael McMahon said, I lodged an amendment to his motion, and I am disappointed that the Presiding Officer did not select it for debate. I will neverthel...
Margaret Mitchell (Central Scotland) (Con) Con
I am pleased to participate in this stage 1 debate on the Criminal Verdicts (Scotland) Bill. Michael McMahon has waited some considerable time for the bill t...
Christian Allard (North East Scotland) (SNP) SNP
It has been a rollercoaster ride since I joined the Justice Committee in 2013. We have scrutinised many pieces of legislation, some of which we stopped, some...
Michael McMahon Lab
Will the member give way?
Christian Allard SNP
I am sorry, but I have only a few minutes. Perhaps the member can address the issue later. I would have been happy to consider abolishing the not proven ver...
The Deputy Presiding Officer Con
We now move to closing speeches. 16:38
Cameron Buchanan (Lothian) (Con) Con
I thank members for the constructive debate this afternoon. It has been a pleasure to take part in it. Like others, I begin by paying tribute to Michael McM...
Graeme Pearson (South Scotland) (Lab) Lab
As is evident from this afternoon’s debate, changes to elements of criminal justice procedure are famously difficult to achieve and sometimes take decades—an...
Michael Matheson SNP
The debate has provided Parliament with a useful opportunity to look at the merits and shortcomings of having a three-verdict system in which two of the verd...
Christine Grahame SNP
This follows on from what Cameron Buchanan said. If the not proven verdict were to disappear, the abolition would also pertain when it is not a jury making t...
Michael Matheson SNP
Of course, and that is one of the issues that we can consider when we frame the research. Using real jurors also carries a risk of exposing the system or in...
Michael McMahon Lab
I thank the staff of the non-Government bills unit, whose assistance has been invaluable to me over the past number of years. I am also grateful to the peop...
Christian Allard SNP
I thank the member for taking my intervention. He is not the first person to have quoted Victim Support Scotland. I agree with him about the not proven verdi...
Michael McMahon Lab
That is one piece of evidence, but the majority of responses to the consultation suggested otherwise. That is all evidence that allows people to determine wh...
Michael McMahon Lab
I am sorry—I will not take an intervention. At present, a jury in Scotland can return a verdict of guilty when at least eight of its members are in favour o...