Lawyers voice continued concerns as not proven verdict to be axed from January 1

Lawyers are warning the threshold for securing a conviction will be “significantly less” than it is south of the border when “one of the most significant shifts to Scotland’s criminal justice system in living memory” comes into force in less than three weeks’ time.

The Law Society of Scotland commented ahead of the abolition of the not proven verdict, which has been a feature of Scotland’s justice system for centuries, on January 1 2026.

Scrapping the controversial verdict was one of the key reforms included in the Victims, Witnesses and Justice Reform (Scotland) Act which was passed by Holyrood earlier this year.

Amid concerns about the impact the move could have on the legal system, the Scottish Government also included changes to the jury system in the same legislation.

While currently a person can be convicted if a majority of eight out of 15 jurors find them guilty, from January 1 the changes will mean a conviction can only be secured with the support of at least two-thirds of jurors – meaning a minimum of 10 of the 15 will be needed for a guilty verdict.

Stuart Munro, convener of the Law Society’s Criminal Law Committee, said that is still “significantly less” than the “unanimity or near unanimity” required amongst jurors for a guilty verdict in similar jurisdictions such as England and Wales.

Speaking about the abolition of the not proven verdict at the start of 2026, Mr Munro was clear the Law Society still has concerns about the change.

He said: “The new year will bring one of the most significant shifts to Scotland’s criminal justice system in living memory. We are working to ensure criminal law practitioners are prepared for these changes.”

The Law Society had “argued strongly for the not proven verdict to be retained as a proven and longstanding safeguard against miscarriages of justice in Scotland”, he added.

He said it will be “closely monitoring whether these new arrangements strike the right balance to achieve just outcomes”.

Mr Munro added: “The increased majority for a conviction has been introduced in response to the concerns raised by us and by others.

“However the threshold remains significantly less than the unanimity or near unanimity mandated in similar jurisdictions such as England and Wales.”

He added the Law Society remains “supportive” of numerous other measures included in the legislation and it will “wait for further news on when these changes will be enacted”.

As well as abolishing the not proven verdict, the Act will see a Victims and Witnesses Commissioner for Scotland established, a specialist sexual offences court set up, and victims of sexual offences will be given an automatic lifelong right to anonymity.

The Scottish Government has been contacted for comment.