Not proven verdict to be abolished as justice reforms come into force

The unique not proven verdict in Scotland’s justice system will be scrapped from New Year’s Day as major reforms come into force.

The Victims, Witnesses, and Justice Reform (Scotland) Act was passed by MSPs earlier this year, bringing an end to the verdict, as well as increasing the majority needed on a jury to two-thirds of the 15 people.

Elsewhere, a specialist sex offences court was created in the hopes of improving the treatment of victims, along with providing survivors of a sexual offence with a legal right to anonymity for life.

Speaking ahead of the changes coming into force, Justice Secretary Angela Constance said: “Victims, families and support organisations campaigned long and hard for the abolition of the not proven verdict and I am pleased that this historic change will take effect for all new criminal trials from January 1.

“Not proven is a widely misunderstood verdict and one with no statutory definition.

“I have heard compelling evidence about the devastating impact that the not proven verdict can have on complainers because of its lack of clarity or lack of closure for them, and it can leave a lingering stigma for the accused.

“Such a verdict risks undermining public confidence, while the two opposing verdicts of guilty and not guilty are unambiguous and clear.

“Moving from a simple majority to a two-thirds majority for a criminal conviction alongside the change to a two-verdict system is a proportionate and balanced reform that is mindful of the unique nature of the Scottish system.

“The reforms to parole to be introduced in 2026 will bring a further positive change for victims and their families by strengthening in law further factors that the Parole Board must consider in their decision-making.

“We want to ensure the parole system works for all those involved, which is also why we recently led a public consultation to inform improvements and ensure the system is transparent, trauma-informed, and delivers for everyone.”