Historic Legal Reform in Scottish Law: Scrapping of ‘Not Proven’
The unique verdict of “not proven” – an global judicial rarity thought to contribute to lower convictions in sexual assault cases – was removed.
Legislative Vote and Reforms
MSPs agreed to remove the third option as part of major changes described as placing victims and those testifying at the heart of a contemporary and just legal system.
The abolition of “not proven” – a verdict originating to the 18th century that cleared the accused without declaring them innocent – was hailed by advocates as returning survivors and their families back their voice.
Background and Impact
One leading campaigner, referred to as Miss M, previously campaigned against the verdict after winning a historic civil case following a criminal trial that resulted in a “not proven” verdict.
“We have advocated about how harmful this verdict is. Now we have been listened to and the changes to the legal system are going to make it more just and more transparent in the future.”
In recent years, the “not proven” verdict accounted for over sixty percent of acquittals in sexual offense cases, compared to an overall rate of twenty-two percent for other criminal offenses.
She added: “Knowing that another survivor isn’t going to experience what I had to after my criminal trial is the very reason I’ve put so much time and energy into this campaign.”
Additional Legal Reforms
The passing on the parliament’s justice reform legislation saw it pass by 71 votes to 46 after lengthy debate and over one hundred sixty proposed changes.
Key measures feature:
- Establishment of a supermajority jury majority for guilty verdicts
- Creation of a dedicated sexual offences court
- Right to permanent privacy for those reporting rape
- Introduction of a commissioner for affected individuals
- Automatic access to publicly funded lawyers for complainers in cases involving past behavior questions
Mixed Reactions
Although the reforms were broadly backed, some critical figures claimed the bill missed chances to tackle additional concerns, such as grooming gangs and early release conditions.
At the same time, advocacy organizations and professional associations expressed concern over the increase of the jury majority, stating it could make it harder for survivors to obtain justice and potentially devalue the meaning of a guilty verdict.
Despite these reservations, the bill marks a major shift toward a increasingly victim-focused justice system in Scotland.
