Plans to abolish Scotland’s controversial ‘not proven’ verdict have been formally approved in a historic vote by Members of the Scottish Parliament. The reform, which passed by 71 votes to 46 at Holyrood, forms part of the Scottish Government’s Victims, Witnesses and Justice Reform (Scotland) Bill.
Scotland’s legal system currently allows three verdicts in criminal trials: guilty, not guilty and not proven. The latter, though legally equivalent to not guilty in acquitting the accused, has faced persistent criticism for causing confusion among juries and denying victims a sense of closure.
Removal of the centuries-old verdict will raise the threshold for jury convictions and see the creation of a dedicated sexual offences court. A Scottish Government consultation revealed that most High Court judges opposed the ‘not proven’ option, contending that it allowed jurors to “sit on the fence”.
Angela Constance, the SNP Justice Secretary, welcomed the result, saying: “This historic legislation will put victims and witnesses at the heart of a modern and fair justice system.
“By changing culture, process and practice across the system, it will help to ensure victims are heard, supported, protected and treated with compassion, while the rights of the accused will continue to be safeguarded.”
However, concerns remain among legal professionals. The Law Society of Scotland cautioned that the “untested” reforms could lead to increased miscarriages of justice.
Stuart Munro, convener of the society’s criminal law committee, added: “Scotland will now have a system where a person can be convicted despite five members of the jury having significant doubts about their guilt.”
