Bill to scrap not proven verdict will lead to ‘clearer’ system for Scotland

Legislation which will scrap Scotland’s controversial not proven verdict will lead to a “clearer” and “more transparent system, Holyrood Justice Secretary Angela Constance has insisted.

The measure is just part of a series of changes planned for the justice system as a result of a Scottish Government Bill that is facing its final hurdle at Holyrood.

Scotland is the only country that has a not proven verdict – with jurors able to find an accused person either guilty or not guilty, or that the case against them is not proven.

Like a not guilty verdict, it results in the accused person being cleared, however with the not proven verdict said to be used “disproportionately” in rape cases, campaigners against violence against women have campaigned for it to be abolished.

In addition to scrapping the third verdict, the Victims, Witnesses and Justice Reform (Scotland) Bill also sets out to reform the jury process, requiring at least two thirds of jurors to support a conviction before someone can be found guilty.

The legislation also proposes the creation of a new, independent Victims Commissioner and the establishment of a specialist sexual offences court – while also promising to give victims of such offences a lifelong right to anonymity.

Other changes will see the Parole Board required to consider if killers have provided information on the whereabouts of their victims remains when considering if they should be freed from prison, a move known as Suzanne’s Law  after Suzanne Pilley, who was murdered in 2010 but whose killer has never revealed the location of her body.

With more than 160 amendments tabled due to be debated at Holyrood on Tuesday, MSPs will sit until late at night considering the legislation.

Scottish Conservatives insist “common sense changes” need to  made to the Bill before they will back it.

Party justice spokesperson Liam Kerr argued: “At the moment, it’s a Victims’ Bill in name only – a wasted opportunity.

“The Scottish Conservatives have submitted several common-sense amendments to strengthen this bill and deliver the real change that victims’ groups demand.”

He said he welcomed the abolition of not proven, as well as an earlier decision by Scottish ministers to abandon plans to introduce judge only trials for cases of rape and attempted rape

But Mr Kerr added that the Scottish Government “must go further” in changing the legislation otherwise ministers will be “selling victims short”.

Tories want changes made to the Bill to bring about an inquiry into grooming gangs in Scotland – but also want the legislation to be altered so that victims are informed if someone is not prosecuted, or if a plea deal is agreed.

However the Scottish Justice Secretary insisted that if the “landmark Bill” is passed it will “transform the experiences of victims and witnesses within Scotland’s justice system”.

Ms Constance said the changes would mean that “victims will be heard, supported, protected and treated with compassion” while at the same time the rights of the accused “will continue to be safeguarded”.

Speaking about the proposals she stated: “Key reforms include abolishing Scotland’s historic not proven verdict for a clearer, fairer and more transparent decision-making process.

“There will also be wholesale reform to the management of sexual offence cases as we know these victims in particular, who are mostly women and girls, can be re-traumatised by the current system.”

The Scottish Justice Secretary continued: “This legislation was shaped by the voices of victims, survivors and their families who have campaigned long and hard for further change.

“Parliament must stand with them and help ensure the justice system doesn’t just respond to crime but helps those who have been harmed to rebuild their lives.”

Scottish Liberal Democrats have also proposed a number of changes, with amendments calling for victims in serious cases to have given a right to make a victim impact statement, and for a victims’ charter to be established.

Liberal Democrat MSP Jamie Greene said: “We’re so close to making the experience of victims in the criminal justice system a fairer and safer one.

“I have heard from so many people who have been left not only devastated by the initial crime, but also utterly traumatised by how our system can tilt too far in favour of the perpetrator.

“My amendments seek to redress that balance by introducing and strengthening key protections for victims and their families.”