Research first, says Minister as jury verdicts bill lost

The member's bill to reform the jury verdict system in Scotland has been defeated at stage 1 in the Scottish Parliament, after Cabinet Secretary for Justice Michael Matheson argued that the research recommended by Lord Bonomy be carried out first.

Labour MSP Michael McMahon's Criminal Verdicts (Scotland) Bill was lost by 80 votes to 28 following a debate in which Mr Matheson stated "with some regret" that he was asking the Parliament not to allow it to progress. The bill had the twin aims of abolishing the not proven verdict and increasing the size of the jury majority required for a conviction. 

Opening the debate, Mr McMahon referred to the confusion surrounding the not proven verdict and the illogicality of having two separate acquittal verdicts. "It is essential that our justice system in the 21st century is transparent and fully understood by all members of society and I believe that my bill will help with that", he concluded.

Referring to Lord Bonomy's review, Mr Matheson told the chamber: "In fact, it was the report by the academic expert group that went further and considered Scotland’s three-verdict system and whether the not proven verdict should be abolished. The expert group was of the view that the review had to take into account the three-verdict system. In its view, consideration of the size of the jury and the majority required for a conviction is inextricably linked to the number of verdicts that are available to a jury. The Government has accepted that view and the approach that any major changes to the jury system should be considered in a holistic manner."

He added that the Government had been engaging with stakeholders as to the scope of the research ad whether it should use mock or real jurors – th latter option requiring amendment of the Contempt of Court Act. 

"I had hoped that the research could commence before the pre-election period", he continued. "However, it is important that we get the remit and the methodology right, and for that reason it is worth taking our time to consider all views before we reach a final decision on the scope of the research. There has been a general consensus among members of all parties in favour of the Government’s intention to undertake the research, and I hope that the work will be taken forward in early course by the Administration that is elected in May."

The minister's position reflected the stage 1 report by the Justice Committee, a majority of whose members supported abolition of the not proven verdict. 

During the debate Mr McMahon expressed his regret that the Presiding Officer had not selected an amendment that would have given the Parliament the opportunity to express a separate view on the verdict.

The Scottish Criminal Bar Association continues to favour retention of the verdict as a safeguard against wrongful conviction, arguing that "not guilty" may convey the message that the complainer's evidence could not be relied on.