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On many occasions, productions are kept routinely, but it is a judgment call for the Crown.

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The Crown gave a full explanation of how it deals with such matters. Kenny MacAskill: The committee raised a valid point, which relates, in many cases, to the attitude and actions of the police and the Crown Office and Procurator Fiscal Service. I accept that that will be true in some cases, but not necessarily all. Some have argued that applying the change retrospectively will be unlikely to have a practical effect, because the passage of time might have diminished the evidence that is available. There appears to be a consensus in favour of that concept and its application to historical cases.

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At the heart of this reform is the idea of allowing a second trial when new evidence emerges that casts doubt on an acquittal. It seems clear to me that people should not be able to evade justice because of threats or bribery, and I am pleased that the committee endorses that provision. The bill will allow a new trial when an acquittal has been tainted. I now turn to the parts of the bill that have attracted the most comment. I am conscious of the committee’s full schedule this session and the effort that was required to prepare and publish its comprehensive report so swiftly.ĭuring stage 1 scrutiny there were, understandably, differences of opinion on some aspects of the reform. I record my thanks to all those who took part in that process in whatever capacity, and I am grateful to the committee for its detailed and careful consideration of the bill. Thereafter, a Government consultation exercise took place last summer and a thorough stage 1 report was provided by the Justice Committee just last week. Careful work by the Scottish Law Commission was followed by a debate in the chamber last March. The need for reform has been widely recognised, and I am heartened by the level of support that the proposals have received. It is required to ensure public confidence in our justice system that, wherever possible, justice will always be done.

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Reform is required to take account of advances in science and because an acquitted person should not be able to walk free from court and boast with impunity about getting away with it. The bill is also designed to make that principle fit for the 21st century. The Double Jeopardy (Scotland) Bill enshrines that ancient principle in legislation for the first time in our history. The Cabinet Secretary for Justice (Kenny MacAskill): Double jeopardy is a fundamental legal principle that provides an essential protection against the state repeatedly pursuing an individual for the same offence.

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