Scotland’s parliament is poised to vote this week on ending the unique not proven verdict, a move that could reshape the nation’s criminal justice system. The Victims, Witnesses, and Justice Reform Bill, debated in Holyrood, aims to boost support for rape and sexual violence survivors while addressing long-standing flaws in trials.
The vote comes amid growing calls for change, with the bill tackling issues like low conviction rates in sexual assault cases. If passed, it would mark the biggest reform in decades, focusing on victim rights and fairer processes.
History of the Not Proven Verdict
The not proven verdict has been part of Scottish law since the 18th century. It allows juries to acquit someone without declaring them not guilty, often leaving a cloud of doubt over the accused.
Critics say it confuses jurors and harms victims, especially in rape cases where conviction rates lag behind other crimes. Studies show Scotland’s rape conviction rate hovers around 50 percent, far below rates for other offenses.
Supporters argue it protects against wrongful convictions in unclear cases. Yet, recent research from 2024 highlights how the verdict leaves emotional scars on families and survivors, pushing for its removal.
Over the years, high-profile cases have spotlighted its flaws. For instance, in historic murder trials, not proven outcomes sparked public outrage and demands for reform.
Key Reforms in the Bill
The bill goes beyond scrapping not proven. It introduces a two-verdict system: guilty or not guilty, to make outcomes clearer.
Another change requires a two-thirds jury majority for convictions, up from a simple majority. This aims to ensure stronger agreement but has raised concerns about potentially lowering conviction rates further.
The legislation also sets up specialist sexual offences courts. These courts would handle cases with trained judges, reducing trauma for survivors during trials.
Survivors would gain lifelong anonymity in law, protecting their privacy. Plus, they get automatic access to free legal help when facing questions about past sexual history.
Here are some core elements of the bill:
- Abolish not proven to simplify verdicts.
- Create a victims and witnesses commissioner for ongoing support.
- Allow independent legal representation for complainers in court.
These steps build on 2024 consultations with victims’ groups, aiming to center survivors in the system.
Opposition and Amendments
The bill has faced pushback from legal experts. Groups like the Faculty of Advocates worry the jury majority change could weaken guilty verdicts.
Over 160 amendments were tabled before the vote, showing heated debates. One major win for critics was dropping plans for juryless rape trials, scrapped in late 2024 due to widespread opposition.
Justice Secretary Angela Constance calls it a landmark effort to put victims first while safeguarding accused rights. She points to evidence showing not proven’s misunderstandings among the public.
Despite concerns, backers like Rape Crisis Scotland see it as a rare chance for real progress. They argue delays could hurt survivors waiting for better justice.
In recent months, similar reforms in other countries, like Ireland’s 2023 victim support laws, have influenced Scotland’s approach.
Impact on Rape and Sexual Violence Cases
Scotland’s low conviction rates for rape stand out globally. Data from 2024 shows only about 2,500 reported rapes led to convictions, a fraction of incidents.
The bill targets myths that sway juries, like beliefs about victim behavior. Specialist courts could help by focusing on evidence over stereotypes.
Survivors’ stories have driven the push. One campaigner, who endured a not proven outcome, shared how it deepened her trauma, urging MSPs to act.
If passed, the changes could raise conviction rates by 10 to 15 percent, based on projections from justice experts. This aligns with broader UK efforts to tackle violence against women.
| Reform | Description | Expected Benefit |
|---|---|---|
| Scrap Not Proven | Replace with guilty/not guilty | Clearer outcomes, less stigma |
| Jury Majority | Require two-thirds for guilty | Stronger consensus, fairer trials |
| Specialist Courts | Dedicated to sexual offences | Reduced trauma, expert handling |
| Anonymity Rights | Lifelong for complainers | Better privacy protection |
| Legal Representation | Free for survivors | Fairer questioning in court |
This table outlines how the bill addresses key issues.
Broader Implications for Scottish Justice
Ending not proven could inspire changes elsewhere. Legal scholars note it’s a relic that sets Scotland apart, and its removal modernizes the system.
The bill ties into 2025 trends, like increased focus on mental health support for victims post-trial. It also responds to public sentiment, with polls showing 70 percent favor scrapping the verdict.
However, some fear rushed changes might lead to miscarriages of justice. Balancing victim needs with fair trials remains a core debate.
As the vote nears, eyes are on Holyrood to deliver reforms that heal and protect.
What do you think about these changes? Share your views in the comments and spread the word to keep the conversation going.
