Meeting of the Parliament 17 September 2025
I congratulate all who are engaged in the bill, but I also consider that to allocate just over one hour to debate these radical changes to the delivery and pursuit of our criminal law is misplaced.
I shall make just a few remarks. Steps to better steer witnesses through the court process with compassion must be welcomed. I am not convinced of the need for specialist sexual offences courts. I pose this question. An individual is indicted for robbery, assault with a threat to life and sexual assault, and there are three different victims—in which court should that case be held?
The changes in the majority required and in the size of juries seem to me untried. The removal of the not proven verdict may make convictions more difficult, whether before a sheriff sitting alone or before a jury. The test that is applicable across summary and solemn proceedings is still that the Crown has to prove its case beyond reasonable doubt. The onus is on the Crown. Not proven meant that there was still a reasonable doubt, but that now transfers seamlessly to not guilty considerations. Some campaigning organisations may believe that that, together with the change to jury size, makes convictions more likely, and I understand why, but in my view, it will not, and at best it may be neutral.
As the not proven verdict is consigned to history, I have marked down my reservations, and I sincerely hope that my concerns about unintended consequences do not come to pass. Despite those concerns and reservations, I will support the bill at decision time, but I will watch how it works in practice.