Question
To ask the Scottish Government, in light of the proposal in the Victims, Witnesses and Justice Reform (Scotland) Bill to have jury sizes of 15 with a majority of at least 10 required to convict, what
S6W-32224 · Written Question · lodged by McNeill, Pauline
Lodged on
11 Dec 2024Heard / answered on
19 Dec 2024To ask the Scottish Government, in light of the proposal in the Victims, Witnesses and Justice Reform (Scotland) Bill to have jury sizes of 15 with a majority of at least 10 required to convict, what that majority would be if either one, two or three jurors dropped out.
The answer
The Scottish Government considers that, if one or more juror is excused during a trial, that should not place the accused person at a disadvantage or an advantage: the majority required for a conviction should not fluctuate depending on the number of jurors who remain. The Scottish Government therefore considers that the requirement for at least a two thirds majority should remain constant in cases where the jury reduces in size. Specifically, the Government's proposal is that:in the case of a jury consisting of 14 or 15 jurors, at least 10 jurors must be in favour of a guilty verdict for a conviction,in the case of a jury consisting of 13 jurors, at least 9 jurors must be in favour of a guilty verdict for a conviction, andin the case of a jury consisting of 12 jurors, at least 8 jurors must be in favour of a guilty verdict for a conviction.The Government will be bringing forward Stage 2 amendments to the Victims, Witnesses, and Justice Reform (Scotland) Bill which, if passed, would set these thresholds for conviction.
Answered by Angela Constance on 19 Dec 2024.