Scottish parliament backs plans to abolish 'not proven' verdict and reform jury rules

The Scottish Parliament has approved wide-ranging justice reforms that include scrapping the controversial "not proven" verdict, raising the threshold for guilty jury verdicts and creating a specialist sexual offences court.

The measures form part of the Victims, Witnesses and Justice Reform Bill steered through parliament by Justice Secretary Angela Constance. MSPs backed the proposals on Tuesday, marking a major overhaul of elements of Scotland's criminal justice system that supporters say will improve outcomes for victims and critics warn could increase the risk of wrongful conviction.

The "not proven" verdict, unique to Scottish courts and traceable to the 17th century, has the same legal effect as "not guilty": an acquittal. There is no statutory definition of the verdict, and jurors are told at the start of a trial that two forms of acquittal exist but are not given an explanation of how they differ. Justice Secretary Constance said the verdict was "widely misunderstood," could "traumatise" victims and left a "lingering stigma on the accused." Supporters of abolition say removing the verdict will provide clearer outcomes for victims and the public.

Under current rules, Scottish juries consist of 15 members and a simple majority of eight is required to return a verdict. The bill would raise the threshold for a guilty verdict to a two-thirds majority, meaning at least 10 of the 15 jurors would have to agree. The government said the change was intended to reduce the risk of wrongful convictions as the not proven verdict is removed.

The reforms also include plans to establish a specialist sexual offences court, with "trauma-informed" training for judges and legal staff, and to create an independent victims and witnesses commissioner answerable to parliament to oversee standards of care. Other measures would require the parole board to consider whether a murderer has refused to disclose the location of a victim's remains when assessing release, extend restrictions on references to a complainer's sexual history in court, and make a pilot scheme allowing rape and serious sexual assault victims free access to court transcripts permanent.

Ministers have not set a timetable for abolishing the not proven verdict or for implementing the two-thirds majority. Officials said the changes will require new training for judges and court staff and that setting up a specialist court and the victims commissioner could take significantly longer. A proposed pilot scheme to allow some serious sexual offence trials to be heard by a judge alone, without a jury, was dropped after criticism from lawyers and members of the judiciary.

Legal organisations and some academic research expressed caution. The Law Society of Scotland warned that removing the not proven verdict could risk an increase in miscarriages of justice. A 2019 study cited by opponents suggested abolition could incline some jurors toward a guilty verdict in finely balanced cases, highlighting inconsistent public and juror understanding of the meaning of "not proven".

Statistics published by the Scottish government for 2022/23 show that 1 percent of people facing criminal charges in court were acquitted on a not proven verdict, compared with 4 percent acquitted as not guilty.

Victim Support Scotland's chief executive, Kate Wallace, described the bill's passage as a "momentous occasion," saying it represented a significant step towards a system that better considers and prioritises the needs of people impacted by crime.

Parliamentary approval clears the way for ministers to begin implementing the changes, but the absence of detailed timelines means key elements could be phased in over months or years. The Scottish government said further work and consultation will follow on operational arrangements and training before the measures come into force.