Meeting of the Parliament (Hybrid) 15 December 2021
I think that it is really wrong for Jamie Greene to characterise what I have said up to this point as defending the status quo. I am laying out the reasons why we are consulting on the issue. In consulting on it, I am doing what my party said that it would do when we won the election a few months ago. He is right to pursue his manifesto, and I am pursuing mine. It is not a surprise to anybody that we would do it in this way.
I have just mentioned that 70 per cent of those lawyers who were polled were for retaining the verdict. I think that it is right, even if I were not to agree with them, that we should consult the legal profession as we go forward with what he has rightly said is one of the biggest changes to the legal framework in many years. We are doing what we said we would do.
Furthermore, we have to be mindful that the not proven verdict affects all cases, not just sexual offences. In 2019-20, there were 1,039 not proven verdicts, the majority of which were for crimes that were not sexual in nature. We cannot simply disregard the complexity. The implication of the motion is that we should go straight to abolishing the not proven verdict, regardless of the other things that are related to it in the system. I do not support that—I think that we have to consider those things together. We also have to take into account the opposing views, some of which I have just set out.
I have been very clear, however, that I have serious concerns about the not proven verdict. That is not a justification of the status quo. There is clearly a breadth of informed and principled opinion on the matter, and we owe it to all in the justice system to robustly consider and, where appropriate, challenge those views. We need a holistic, evidence-based approach in which we address the whole system as well as considering wider potential reforms—such as those that I mentioned from the Lord Justice Clerk’s review—instead of rushing to action without pausing to think through the consequences for the rest of the system. That is why, earlier this week, the Scottish Government launched a consultation on those interrelated matters. I encourage all those with an interest to consider it and respond in due course.
As I said, some argue that the corroboration rule regarding a single source of evidence should be looked at. Those are important matters on which many people, whether it is the Law Society of Scotland or the Faculty of Advocates, have very serious views. If we want to make a major change to the system that is sustainable, it is only right that we consult those who are most directly involved in administering the system as well as those who are affected by it. For that reason, I ask the Parliament to support the amendment in my name.
I move amendment S6M-02553.3, to leave out from “believes” to end and insert:
“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, and encourages all those with an interest to consider and respond to the current Scottish Government consultation on the not proven verdict and related reforms.”
17:06Motions, questions or amendments mentioned by their reference code.