HC Deb 14 June 1994 vol 244 cc463-5W
Mr. McMaster

To ask the Secretary of State for Scotland how many convictions for rape and/or murder in the past 20 years have been returned on (i) an 8:7 and (ii) an 8:6 majority jury verdict.

Lord James Douglas-Hamilton

The information requested is not available. Section 154 of the Criminal

Lord James Douglas-Hamilton

Responsibility for the subject of this question has been delegated to the Scottish Prison Service under its chief executive, Mr. E. W. Frizzell. I have asked him to arrange for a reply to be given.

Letter from E. W. Frizzell to Dr. Norman A. Godman, dated 14 June 1994: Lord James Douglas-Hamilton has asked me to reply to your Question about the number of prisoners serving sentences for fine default at the latest available date, given as an absolute number and as a percentage of the prison population, broken down by gender. The table below gives the information for April 1994. The first column reflects only those individuals received solely to serve a sentence for fine default or those who are serving such a sentence consecutive to an existing sentence: it does not include those who may be serving a fine default sentence which is fully concurrent with an existing sentence.

Procedure (Scotland) Act 1975 requires the foreman of the jury to declare only whether the verdict was not unanimous.

Mr. McMaster

To ask the Secretary of State for Scotland what studies and reviews he has undertaken on self-corroborated evidence in rape and murder trials; what criteria are applied when deciding whether self-corroborated evidence is sufficient for prosecution; what plans he has to revise the principle of self-corroboration in Scots law; and if he will make a statement.

Lord James Douglas-Hamilton

No piece of evidence in Scots law can corroborate itself. The essence of corroboration lies in the conjunction of separate testimonies, each from an independent sources pointing to the accused as the perpetrator of the crime. Even where there is an unequivocal admission of guilt, the law requires independent evidence from a source other than the accused pointing to the truth of his confession.

The law is well settled and applies not only in cases of rape and murder. There has, therefore, been no such studies or reviews and there are no plans to revise the principle of corroboration.

Mr. McMaster

To ask the Secretary of State for Scotland in what circumstances the Solicitor-General normally becomes involved in meetings with the prosecution prior to, and during, a trial for murder and/or rape; in what proportion of such trials the Solicitor-General becomes involved in this way; what matters are likely to be discussed at such meetings; and if he will make a statement.

Lord James Douglas-Hamilton

My hon. and learned Friend the Solicitor-General for Scotland—as is my noble and learned Friend the Lord Advocate—is available for consultation and advice in any serious case if the need arises.

Meetings are usually informal and it is not possible to say with any accuracy in what proportion of trials they occur, or to list the matters likely to be discussed.