Meeting of the Parliament (Hybrid) 15 December 2021
Just to be clear, I will move the amendment in my name and I will also support the Labour Party’s amendment. I will not support the motion from Jamie Greene. I should also say at the outset that I intend to look at the bill that he intends to bring forward. I will look at it genuinely to see whether there are further things that we can do. He is right to say that we should continue to try to improve how victim centred our system of justice is. It is my view that much of what I know of the bill—and I do not know all about it—replicates things that we already do or that are in train. However, I will look at the bill in good faith.
The Scottish legal system has evolved substantially over the centuries, and it is vital that the justice system develops in response to new evidence and in line with the values of the people of Scotland. Jamie Greene rightly said that he was following through on a manifesto commitment, and that is exactly what I am doing when I say that we will consult on the issue. That is what we said we would do. He is right to have quoted the First Minister, who said that there is a strong case for looking at this again. I reflect and agree with those sentiments. Our commitment is to consult on this.
Juries have played a crucial role in the Scottish criminal justice system for hundreds of years, and I am grateful to those who have carried out the important public duty of serving on them. It is, however, important that we reflect on the findings of the independent jury research that was published in 2019, which was not available during the earlier considerations by Parliament and other parties, which Jamie Greene referred to. It was the largest and most realistic study of its kind ever undertaken in the United Kingdom. It considered the unique Scottish jury system of 15 jurors, three verdicts—including not proven—and the simple majority. Those things are inextricably interlinked. The research highlighted inconsistent views on the meaning and effect of the not proven verdict and how it differs from not guilty.
It is also vital that we involve the public and stakeholders in these discussions. That is why, after the report’s publication, we held events across the country with legal professionals, the third sector and survivors. I have had a number of conversations with survivors, as I know Jamie Greene and others have also had, in which concerns have been raised regarding the not proven verdict, such as a lack of understanding, perceived stigma and the trauma that the verdict can cause.
I am also aware that, more recently, the third verdict has been criticised due to the higher rates of not proven acquittals in rape and attempted rape cases. Some campaigners have suggested that the existence of the third verdict might contribute to the acquittal of defendants who committed an offence and therefore causes particular trauma to victims.
I take the views of survivors very seriously. As I said, I have spoken to them directly. Furthermore, in our programme for government, we have committed to giving serious consideration to the recommendations of the Lord Justice Clerk’s review on improving the management of sexual offence cases. That report has the potential to drive transformational change across the system, beyond sexual offence cases. However, these are complex issues, and many other stakeholders have made their views clear that the third verdict should be retained or—as I have tried to do—they have highlighted the interconnectedness of the system, emphasising that the three verdicts, a simple majority being required for conviction and the size of the jury are so interrelated that it would not be possible to meaningfully assess those factors separately from one another. Others argue that the corroboration rule, which requires more than a single source of evidence, should also be part of the consideration.
Earlier this year, over 1,000 Scottish-qualified solicitors took part in an online survey and responded to a question on what the legal profession thinks about the current three-verdict criminal justice system in Scotland. Over 70 per cent of those who responded said that they believed that the not proven verdict should be retained, primarily due to their view that it provides an important safeguard to prevent wrongful convictions.