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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 26 November 2024
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Displaying 815 contributions

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Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Angela Constance

I am deeply surprised by that. Just a few moments ago, you heard me speak at length to the convener. I outlined, admittedly in broad terms, what the evaluation would look at. It would look at outcomes and at whether there is a conviction or an acquittal, because those are outcomes, but there is so much more to the pilot.

I will be absolutely up front with you, Mr Findlay: I am not opposed to or anti juries. There is a real value to juries.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Angela Constance

Just for clarity—I really hope that I have not misheard Mr Findlay—I stand to be corrected, but I do not think for a minute that the Lord Advocate in her evidence last week was in any shape or form arguing for unanimity or near unanimity.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Angela Constance

Yes, a qualified majority.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Angela Constance

I have worked hard to listen to a range of views on all aspects of the bill. I genuinely believe that what complainers, the accused and we all require is a debate of the highest standard. I have set out that we prefer to go to a two-thirds qualified majority, because we need to ensure that we have the right protections and balance in the system. Bearing corroboration in mind, our judgment is that unanimity or near unanimity would be more than is required.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Angela Constance

I appreciate that there is a range of views, but I have pointed to substantive bits of research. I know that time is short, convener, and we can certainly follow this up in writing, but Nicola Guild might be able to add something.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Angela Constance

My understanding—and I stand to be corrected—is that although there is research south of the border in relation to people who have served on a jury, there are still limitations. We cannot ask them about their deliberations on a particular jury.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Angela Constance

Yes, I would and, with regard to due process—and with respect to you, Mr Findlay, and to the committee—I would, before I lay out responses to Parliament on our intentions for stages 2 and 3, like to see the committee’s stage 1 report.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Angela Constance

The short answer to your question is yes. The Scottish Government firmly believes that our law and legal processes must meet the needs of modern 21st century Scotland. Clearer and more transparent decision making is an important part of that.

As the committee heard during its evidence sessions, many people do not trust a verdict that cannot be adequately explained. It causes trauma to victims and can leave the accused with lingering stigma. The proposed reform is a historic one, and it is based on significant and long-standing concerns. The fundamental point is that we should always strive to increase confidence that verdicts are returned on a sound and rational footing, while ensuring balance and fairness to all parties.

I believe that there is broad support for the measure. At the most recent Scottish general election, four political parties’ manifestos contained commitments to abolish the not proven verdict, and the idea attracted strong support in the Government’s consultation.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Angela Constance

Convener, are you asking me about jury size, jury majority or both?

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Angela Constance

In terms of—