Scrapping of not proven verdict a ‘momentous day’, says campaigner

A campaigner against the not proven verdict has said the day it is scrapped will be “momentous”.

The change will come into force on New Year’s Day, according to Justice Secretary Angela Constance, bringing to an end the unique verdict in Scotland’s courts.

Miss M – the pseudonym used by a campaigner for the verdict to be scrapped – saw a not proven verdict returned against the man accused of raping her a decade ago before she began calling for a change in the law.

Commenting ahead of the reform coming into effect, Miss M said: “The first of January will be a momentous day for me, alongside other survivors and families who campaigned for years to scrap the not proven verdict.”

She added: “I started my journey, first with a civil case, then with campaigning, to find closure that I did not get through the criminal justice system.

“Ensuring other rape victims don’t have to experience what I did is the very reason I’ve invested so much time and energy to help end not proven.

“I am very glad that, from January 1, every survivor will get the closure I wish that I’d had after my criminal trial.”

Sandy Brindley, chief executive of Rape Crisis Scotland and a supporter of Miss M, praised the “tireless” campaigners who pushed for a change in the system.

“Their experiences represent the many people across Scotland who have been let down by not proven – a verdict that was impossible to define, confused jurors and the wider public, prevented closure for victims and was ultimately no different than a verdict of not guilty,” Ms Brindley said.

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.

But Ms Brindley raised the concerns of her organisation about the increase in the majority needed for a guilty verdict.

“We have serious concerns about the increase to the jury majority and the negative effect that this will almost certainly have on rape and sexual offence cases,” she said.

“While convictions for sexual offences have steadily risen, particularly over the past year, rape still has the lowest conviction rate of any crime type in Scotland and far too many police reports still don’t make it to court.”

Justice Secretary Angela Constance said she was “pleased” the “historic change” would soon come into force.

“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,” she said.

“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.”