Bill to scrap not proven verdict and reform justice system published

The Bill to scrap Scotland’s not proven verdict and make a number of changes to the justice system has been published.

The Victims, Witnesses and Justice Reform (Scotland) Bill will also change the size of criminal juries from 15 to 12.

It aims to address a number of issues around serious sexual offences, creating a new specialist sexual offences court.

Ministers will also have the power to carry out a pilot of rape trials being conducted by a single judge without a jury.

For jury trials, the majority needed for a guilty verdict will be at least two-thirds.

Last year, Nicola Sturgeon committed to abolishing the third verdict in the Scottish legal system.

Discussions around Scotland’s third verdict, which has the effect of acquitting the accused, have been going on for years.

The verdict is unique to Scots law and there is no equivalent in other jurisdictions.

Justice Secretary Angela Constance said: “This Bill will put victims and witnesses at the heart of the justice system.

“It is testament to the efforts of many campaigners who have worked to ensure that the processes of justice better serve victims, witnesses and vulnerable parties.

“This landmark legislation is among the most significant since devolution and will ensure fairness is cemented into the bedrock of Scotland’s modern-day justice system.

“Building on the experiences of survivors, victims and their families, these key reforms will make justice services more sensitive to the trauma it can cause.

“This government has been clear we must take action to improve the experience of those who suffer sexual abuse.

“The majority are women, who must be supported to have trust and confidence that the processes of justice will serve their needs, allow them to give their best evidence and support them in their recovery.”

She also hailed the creation of a new independent commissioner for victims and witnesses.

Earlier, the chief executive of Rape Crisis Scotland welcomed plans to scrap the not proven verdict, saying she has “no doubt that guilty men are walking free”.

Speaking to the BBC’s Good Morning Scotland radio programme, Sandy Brindley said the changes were a “really positive development”.

However, advocate Thomas Ross KC took the opposite view, saying jurors should be trusted to carry out the job they have been given.

He told the programme: “I work with prosecutors every day, I don’t hear them saying that they’re concerned about the conviction rate.

“I hear it every time Sandy’s invited to come on one of these programmes.”

Previously, the Law Society has warned there could be an increase in miscarriages of justice if not proven is scrapped as a verdict.

Scottish Conservative justice spokesman Jamie Greene said: “There are long overdue measures in this bill we can support, including the abolition of the not proven verdict, which the Scottish Conservatives have long called for, and anonymity for sexual offence victims.

“However, we share reservations about a move to juryless trials, given that it is a basic tenet of Scots law that those prosecuted for the most serious offences are tried before their peers.”

He criticised the lack of proposals to increase the use of bans on criminals entering the local areas of the victim and vowed to fight to strengthen the legislation, adding: “This really is a missed opportunity, a Victims Bill in name only.”

David McKie, partner at Levy and McRae solicitors, said: “The not proven verdict has been a vital cornerstone of the Scottish justice system for centuries.

“It is grounded on a fundamental pillar of the trial process, that the Crown proves its case beyond reasonable doubt.

“I see no reason to abolish the verdict and am concerned at what appears a further erosion of the rights of an accused person in this country.”