Parliament Workbench

Petition · PE01562 · Session 4

Perverse Acquittal

Closed Submitted 26 Feb 2015 Justice
Signatures
1
1,310 online signatures with a country
Comments
50
Considered
2 meetings
in the Official Report

What it asks

Calling on the Scottish Parliament to urge the Scottish Government to consider the need for trial judges have the power to refer jury verdicts to the High Court of Judiciary in the event the judge believes the verdict to be perverse (e.g. Irrational, unsupported, unbelievable).

What the petitioner did first

I attended a meeting with Margaret Mitchell MSP to discuss the proposal of a petition to make an amendment within the Criminal Bill Act (Scotland) Perverse Acquittal & Knife Crime at the Scottish Parliament last year where the meeting was very positive and supportive.
Lord Advocate (Frank Mulholland QC) was our VIP guest at our Anti Knife Crime seminar at the Kingswood Hotel on the 3rd December 2014. The Perverse Acquittal petition and flow chart was presented at the seminar.
I have also spoken to Justice after Acquittal on this issue and it is fully supportive for a change within the current Criminal Justice Bill.

Where it was considered

Official Report
  1. 28 Apr 2015
    1 mention
  2. 23 Jun 2015
    Public Petitions Committee
    Continued Petitions
    1 mention

Signatures by country

1,310 online signatures
  1. Scotland1,149 87.7%
  2. United Kingdom113 8.6%
  3. England33 2.5%
  4. Northern Ireland6 0.5%
  5. New Zealand3 0.2%
  6. Australia2 0.2%
  7. Thailand1 0.1%
  8. China1 0.1%
  9. Ireland1 0.1%
  10. United Arab Emirates1 0.1%

Comments

50 comments, oldest first
  1. Peter Reilly 4 Mar 2015
    Having previousley sat on a Jury at the Glasgow high court, in session for a serious assualt offence, i must admit to being astounded at elements of some jurers reasoning or "interpretation" of the facts! This was some years ago and i still remember with unease, the differences of opinion pertaining to "proven facts" within the jury deliberation. Whilst i agree that the not proven verdict has its place for sure, we must also realise that members of the public, myself included, will often need professional guidance in such circumstances. I think it is paramount that the presiding Judge should have the power to provide additional "professional" guidance to any Jury.
  2. Neil Porwol 4 Mar 2015
    It's time to do away with soft justice
  3. Robert Hampton 5 Mar 2015
    We all know legal proceedings can be complicated, but a fact is a fact and judges should have the common sense and ability to direct a jury as to what are cast iron facts with no room for misinterpretation.
  4. Cally Miller 5 Mar 2015
    Things need to change
  5. Steve Keicher 5 Mar 2015
    I believe an element of common-sense needs to prevail when a verdict is considered to be perverse. For example, those with a serious illness may take illegal drugs to relieve their pain and a jury would in my opinion be quite right to acquit (even although the law had been broken) however on the flip side a judge should have the power to refer cases when an acquittal is beyond the realms of reason, common-sense and just doesn't stack up.
  6. Alan Fogg 6 Mar 2015
    time for a change in our system
  7. Gemma Orrock 6 Mar 2015
    This power should be implemented.
  8. Alan Hughes 7 Mar 2015
    Justice needs to be seen to be done.
  9. james Hamilton 7 Mar 2015
    Time for the System to be reviewed !
  10. Nicola Brown 8 Mar 2015
    This needs 2 change
  11. Karis Baynham 8 Mar 2015
    Something need to be done to change the law and people should be punished for what they've done
  12. Alan McLean 9 Mar 2015
    I strongly believe that by introducing (Perverse Acquittal) into the Criminal Bill Act it will provide a new platform and safety net for judges to have an element of control only where they think that the verdict is perverse, irrational. As we all know the judges has the final say on the law and the jury has the final say on the facts but we must ensure that there are sufficient control measures in place to ensure that our justice system is water tight. The Perverse Acquittal proposal will provide protection for victims and victim families as currently there is no victim appeal process of any kind in place in Scotland. Together we can make a difference, we can make our streets and communities safer places to live in.
  13. Alan McLean 9 Mar 2015
    I think that judges should have the power to provide guidance to jury's who are undecided as we must ensure that the scales are balanced correctly throughout the duration of the trial.
  14. Alan McLean 9 Mar 2015
    The Scottish Parliament has a duty to ensure that both the victim and criminal have equal rights as currently the justice system is geared towards the criminal, we need to ensure that equality is in place for everyone i.e. Appeal Process
  15. julia thomson 9 Mar 2015
    Hopefully justice will be done one day after your beloved families endless support for this campaign.
  16. Catherine steel 9 Mar 2015
    Judges should have the power to provide additional guidance
  17. Beverley Dow 11 Mar 2015
    Victims need more support
  18. lisa mclean 11 Mar 2015
    We need more control measures within the justice system...judges should have more control. If you a jury member were uncertain you would look for help and guidance. Give judges the power!
  19. david knighton 11 Mar 2015
    Defo must be strong laws on knife crime so other familys do not suffer what familys are going throu now because of knife. DITCH KNIFE AND TREASURE LIFE
  20. Kim begg 11 Mar 2015
    signed
  21. Andrew Woolmer 12 Mar 2015
    Use a Knife and expect to go to prison for Life.
  22. Jill Fyfe 12 Mar 2015
    My family and I are behind you all the way Alan. We need justice. It won't bring Barry or my brother Paul back but it might stop this happening to another family. Jill x
  23. Alexandra Sinclair 16 Mar 2015
    Signed
  24. Kelly Marshall 16 Mar 2015
    Signed and will pass on to as many ppl as I can. Hope you get the change you are looking for x
  25. stephen moore 16 Mar 2015
    Signed
  26. Angela Rennie 16 Mar 2015
    signed xx
  27. Karen strachan 17 Mar 2015
    Signed x
  28. Sandra Macarthur 17 Mar 2015
    Signed xx
  29. Denise and Marc Pattie 17 Mar 2015
    signed by us both
  30. Louise Blakey, Tam Rankine 18 Mar 2015
    Signed by both of us as its a matter thats close to our hearts xx
  31. fiona Winning 21 Mar 2015
    Signed xxx
  32. Debbie Boyle 24 Mar 2015
    Signed x
  33. Ann and Garry Sweet 24 Mar 2015
    we can only hope some much needed changes happen xx
  34. Ian Doig 24 Mar 2015
    Signed x
  35. Adrina Wallace 24 Mar 2015
    Fingers crossed this makes a difference x x x
  36. Caprice kernaghan 25 Mar 2015
    Signing the petition
  37. Marc lowe 25 Mar 2015
    Signed
  38. Alan McLean 25 Mar 2015
    ( Do we have enough control measures within the current justice system) We do not have enough control measures, we need to look at the current jury system as this can be improved for example: Where a life has been taken through intent then the trial should consist of a panel of judges who will be able to accurately assess all information delivered from the prosecution and defence by utilising their life experience and skills rather than members of the public from the electoral role who more than often become very confused with too much legal information, this will also provide fairness and equality to both the victim and the criminal. We are currently living in an unsafe society and it warrants for the current Justice system to come into the 21st century with greater control measures.
  39. Nicola Somerville 25 Mar 2015
    Signed x
  40. Kelsey Hamilton 26 Mar 2015
    Signed the petition Adeline x
  41. Jim Jopling 26 Mar 2015
    Have signed your petition.
  42. mike lewis 26 Mar 2015
    Sign x
  43. Jamie Forsyth 26 Mar 2015
    Singed :)
  44. Fiona Martin 26 Mar 2015
    Signed x
  45. lisa munoz mccandless 26 Mar 2015
    Signed x
  46. Jolene Connell 27 Mar 2015
    I consider myself to be pretty switched on, no disrespect to those who have studied for years to become lawyers and judges but for normal people like me, having sat through a high court case, it's extremely difficult to understand the gibberish and riddles you talk in, jury's need guidance from the judge
  47. Leah Robinson 27 Mar 2015
    Signed x
  48. patrick murphy 27 Mar 2015
    justice for Barry
  49. James Roxburgh 27 Mar 2015
    Signed
  50. Gill Roxburgh 27 Mar 2015
    Signed