§ 5. Mr. Dempseyasked the Secretary of State for Scotland if he is aware of the general dissatisfaction felt at the operation of the not proven verdict in Scottish courts; if he will introduce legislation to dispense with this practice; and if he will make a statement.
§ Lady TweedsmuirNo, Sir. Although views have been expressed from time to time both for and against the not proven verdict; such a verdict has been a feature of the Scottish system of justice for many years, andmy right hon. Friend is not persuaded that amending legislation is called for.
§ Mr. DempseyWould not the noble Lady agree that if the guilt of a person has not been established beyond all reasonable doubt it is cowardly to bring in a verdict of "not proven" instead of "not guilty"? Does she realise that an average of 50 persons a year are acquitted in Scotland's criminal courts on charges found "not proven", and therefore they walk for the remainder of their lives under a shadow of suspicion? Will not thenoble Lady have another look at this matter and attempt to get rid of this lazy justice?
§ Lady TweedsmuirThe three verdicts "guilty", "not guilty" and "not proven" have brought about no practical difficulties for about 200 years. There is a case to be argued for a jury to be able to say that the prosecution has not made out its case and my right hon. Friend and the Lord Advocate have received no representations to alter this.
§ Mr. ManuelThey are being made now.
§ Mr. DempseyDoes it necessarily follow that we must have representations before we eliminate a practice in the Scottish courts which stigmatises people who, although they remain free, are living under a cloud of suspicion? Will not the noble Lady ask her right hon. Friend and the legal interests concerned to look at the matter again?
§ Lady TweedsmuirMy right hon. Friend, the Lord Advocate, and the Secretary of State will always listen to representations made in this House. But the fact remains that there is no substantial demand for this change from the legal profession.