Veteran KC condemns Scottish justice system reforms as 'vote gathering'

Donald Findlay KC warned that the changes put forward by the Scottish Government risked “dismantling” much of the nation’s justice system in order to “copy” the set up in England.

The experienced criminal defence counsel condemned plans to abolish the controversial not proven verdict, one of three verdicts that can be returned in Scotland, alongside guilty and not guilty. In an interview with the Sunday Mail, the 72 year-old also hit out at proposals for juryless trials in rape cases, and moves to reduce the sizes of juries from 15 to 12.

The not proven verdict is seen by some as offering additional protection to the accused, but its critics argue it can stigmatise an accused person by appearing not to completely clear them, and fail to provide closure for victims.

Mr Findlay said he saw no need to bring an end to the so-called ‘third’ verdict under the Victims, Witnesses and Justice Reform (Scotland) Bill, landmark legislation that has yet to be approved by Holyrood.

“I am completely opposed to the change to the three verdict system,” he said. “There is no good reason to change a system that has served Scotland well and is the envy of the world. The proposals have not one single redeeming feature. It is simply vote gathering.”

Mr Findlay said the existing three verdict system provides checks and balances like no other legal system in the world. Juries in Scotland are also allowed to return a verdict by a simple majority. In England a majority verdict can be returned, but the minimum majority is 10-2.

“I don’t understand why a nationalist government wants to copy the English system and dismantle much that is good about the Scottish system,” Mr Findlay explained. “There are jurisdictions around the world which envy our approach.”

He also expressed concern about trials without juries in rape cases, a development which said could put pressure on judges to come up with guilty verdicts.

“I find the proposal on juries deeply insulting, the jury is the last truly democratic body that there is,” Mr Findlay said. “Fifteen people chosen at random with no special qualifications. Now the Scottish Government say they don’t have the intelligence to sit on a jury trial or that they are too stupid. It is a ridiculous suggestion.”

Asked about Mr Findlay’s criticisms of the justice reforms, a Scottish Government spokesman said: “The proposal to pilot judge-only rape trials is a recommendation of a review carried out by Lady Dorrian, Scotland’s second most senior judge, to improve how the justice system treats rape victims. There is overwhelming evidence jurors are subject to preconceptions about rape that can impact the verdicts they reach, which is not the case in other serious crime trials.

“Abolishing the not proven verdict in all criminal trials will help create a clearer, fairer and more transparent decision-making process. Our 2023/24 budget continues our significant funding for the Crown Office and Procurator Fiscal Service and also provides more than £42m to continue addressing the backlog of cases in the courts.”