Holyrood, made browsable

Hansard

Every contribution to the Official Report — chamber and committee — searchable in one place. Pulled from data.parliament.scot, indexed for full-text search, linked through to every MSP.

129
Current MSPs
415
MSPs ever elected
14
Parties on record
2,096,833
Hansard contributions
1999–2026
Coverage span
Official Report

Search Hansard contributions

Clear
Showing 0 of 2,096,833 contributions in session S6, 11 May 2026 – 10 Jun 2026. Latest 30 days: 2,655. Coverage: 12 May 1999 — 09 Jun 2026.

No contributions match those filters.

← Back to list
Chamber

Meeting of the Parliament (Hybrid) 15 December 2021

15 Dec 2021 · S6 · Meeting of the Parliament
Item of business
Ending the Not Proven Verdict

I give this speech on behalf of my colleague, Claire Baker MSP, who is unable to contribute because of technical difficulties. I also take this opportunity to thank the Presiding Officer and members for their indulgence.

I am pleased to contribute to this afternoon’s debate. The motion is focused on the removal of the not proven verdict—a position that I previously supported when my former colleague Michael McMahon promoted a member’s bill on the matter. The debate allows for some broader reflection on related issues.

The arguments that were made in 2016 for removing the not proven verdict remain today. Rape Crisis Scotland states that almost a quarter of trials for rape or attempted rape result in a not proven verdict. The verdict is shown to be used disproportionately in rape and attempted rape cases. In 2019-20, 44 per cent of acquittals in rape and attempted rape cases were based on the not proven verdict, in comparison with 20 per cent for overall crime.

There is evidence that juries find the verdict to be confusing. There is the misunderstanding that it is in some way different from a not guilty verdict, or that it provides a third verdict. Rape Crisis Scotland has described it as “an easy out” for juries that results in guilty people walking free. It also results in people who receive the verdict still being regarded with suspicion, as though they have in some way evaded the jury.

I welcome the consultation, but, given that it is more than five years since the then Justice Committee worked on the previous bill, we can anticipate the debate and the positions that will likely be taken. At that time, the Justice Committee described the verdict as “living on borrowed time”. The Government should conclude the consultation, but it should realise that change also requires leadership and that there are parliamentary consensus and manifesto commitments about delivering on the matter.

However, I do not underestimate how difficult the matter is. The briefing from the Law Society of Scotland reminds us that the principles of our system are the presumption of innocence, respect for the rights of all involved and minimisation of the risk of wrongful conviction.

However, I argue that there is, in cases of rape and attempted rape, an imbalance that fails women and girls and denies them justice. In Scotland, only 43 per cent of rape and attempted rape cases result in a conviction, compared with the overall conviction rate of 88 per cent—a figure that is more than double the level of successful convictions for rape and attempted rape.

In 2019-20, 2,343 rapes and attempted rapes were reported to the police—we must remember that it is an underreported crime—but there were only 300 prosecutions and just 130 convictions, which is surely not acceptable. Even though we are talking about a crime that is, overwhelmingly, committed against women by men, that causes extreme distress and trauma, and which can have long-lasting effects on people, it is a crime that is extremely difficult to prosecute. Even when a case is prosecuted, it is difficult to get a conviction.

Rape is a crime that is often not even recognised as a crime, and it is one in relation to which, for the perpetrator, there is a reasonable likelihood that there will be no consequences. We have seen women taking their cases to the civil courts in order to gain justice and have the crime acknowledged, but that is not the appropriate route for the severity of the crime. Following the case of Denise Clair, who bravely waived her anonymity to speak about her experience, I have raised concerns about women having to resort to use of the civil courts.

In 2018, Miss M successfully sued Stephen Coxen in a Scottish civil court, with the sheriff saying that the evidence against Coxen was “compelling” and “persuasive”. That followed a not proven verdict in 2016. It was the first time that someone who had been cleared in a criminal trial was subsequently sued.

In the same item of business

The Presiding Officer (Alison Johnstone) NPA
I remind members of the Covid-related measures that are in place and that face coverings should be worn when moving around the chamber and across the Holyroo...
Jamie Greene (West Scotland) (Con) Con
There is nobody on the Government front bench.
The Presiding Officer NPA
You are quite right: there is no one on the Government front bench. There is now. Thank you. 16:51
Jamie Greene (West Scotland) (Con) Con
I am pleased and privileged to use our precious commodity of Opposition business to have today’s debate. Interruption. Apologies, but may I continue? The de...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
I am delighted that the member is trolling the archives for my words of wisdom, but he will also recall that, at the time, I opposed the abolition of corrobo...
Jamie Greene Con
I am glad that the member raises that issue, and I will cover that point explicitly in my comments. I hope that there is consensus in the chamber on the nee...
The Cabinet Secretary for Justice and Veterans (Keith Brown) SNP
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....
Jamie Greene Con
The cabinet secretary seems to be going to great lengths to excuse the status quo. He is the fourth justice secretary to promise action on the issue. What co...
Keith Brown SNP
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 w...
Katy Clark (West Scotland) (Lab) Lab
I warmly welcome the debate, and I will move the amendment in the name of Pauline McNeill, which says that we recognise that many survivors of sexual crimes ...
Liam McArthur (Orkney Islands) (LD) LD
I, too, pay tribute to campaigners such as Speak Out Survivors, Miss M and others for their courage, candour and commitment to change in order to deliver imp...
Meghan Gallacher (Central Scotland) (Con) Con
Three weeks ago, the chamber stood united to condemn violence against women. We remembered women who had had their lives cut tragically short and we promised...
Keith Brown SNP
Will the member take an intervention?
Meghan Gallacher Con
I have only four minutes and I would like to make some progress—I am sorry. We cannot continue to ignore a justice system that favours the perpetrator over ...
John Mason (Glasgow Shettleston) (SNP) SNP
Like Martin Whitfield, I am a late substitute to the debate. We shall see how we get on. We have the three verdicts and the suggestion is that we move to tw...
Christine Grahame SNP
Beyond reasonable doubt.
John Mason SNP
Christine Grahame reminds me that it has to be proven beyond reasonable doubt. For example, the accused might be innocent or they might be guilty but the Cr...
Martin Whitfield (South Scotland) (Lab) Lab
I give this speech on behalf of my colleague, Claire Baker MSP, who is unable to contribute because of technical difficulties. I also take this opportunity t...
Christine Grahame SNP
Will the member take an intervention?
The Presiding Officer NPA
I am sorry, Ms Grahame. The member is now over time and is concluding.
Martin Whitfield Lab
I apologise. Much is made of the lesser burden of proof in civil cases. Lady Dorrian’s report on justice responses to sexual crimes examines the way in whic...
The Presiding Officer NPA
Please conclude, Mr Whitfield.
Martin Whitfield Lab
Under the current system, there is no evidence to support the argument that more cases going to court will result in a higher conviction rate.
The Presiding Officer NPA
Thank you, Mr Whitfield.
Martin Whitfield Lab
More people must experience trauma but achieve no conviction—
The Deputy Presiding Officer SNP
Thank you. 17:27
Fulton MacGregor (Coatbridge and Chryston) (SNP) SNP
I understand why Jamie Greene lodged his motion on behalf of his party. He is on the Criminal Justice Committee, as I am, so he has heard at first hand the h...
Maggie Chapman (North East Scotland) (Green) Green
I refer members to my entry in the register of members’ interests. The Scottish legal system takes great pride in its reputation—specifically in elements th...
Sharon Dowey (South Scotland) (Con) Con
The not proven verdict, which is perhaps the most unique aspect of Scots criminal law, has split opinion through the centuries. It is easy to see how controv...
Jackie Dunbar (Aberdeen Donside) (SNP) SNP
Will the member give way?