Major Judicial Reform in Scotland: Abolition of ‘Not Proven’
Scotland’s distinctive legal outcome of “not proven” – a worldwide legal anomaly thought to contribute to lower convictions in rape trials – has been removed.
Parliamentary Decision and Reforms
MSPs voted to remove the alternative verdict alongside major changes described as placing victims and those testifying central of a contemporary and just justice system.
The removal of “not proven” – a verdict originating to the 1700s that acquitted the accused without declaring them not guilty – was hailed by advocates as returning survivors and their loved ones a sense of justice.
Background and Effect
One leading advocate, known as Miss M, earlier spoke out to end the verdict after winning a historic civil ruling after a criminal case that resulted in a “not proven” outcome.
“I have advocated about how damaging this verdict is. Now we have been listened to and the changes to the legal system are going to make it fairer and clearer in the future.”
In recent years, the “not proven” verdict made up over sixty percent of not guilty outcomes in sexual offense cases, compared to an overall percentage of twenty-two percent for all criminal offenses.
She added: “To know that another rape victim isn’t going to go through what I had to after my court case was the very reason I’ve put so much time and energy into this movement.”
Broader Legal Reforms
The final vote on the parliament’s legal modernization legislation saw it pass by a clear majority after lengthy discussion and over 160 proposed changes.
Key reforms include:
- Establishment of a two-thirds jury majority for conviction
- Creation of a specialist sexual offences court
- Right to permanent anonymity for those reporting rape
- Introduction of a victims and witnesses commissioner
- Automatic access to publicly funded lawyers for complainers in cases involving past behavior questions
Mixed Criticism
While the changes were broadly backed, some critical voices claimed the bill failed to seize chances to address other concerns, such as grooming gangs and early release requirements.
At the same time, support organizations and legal bodies expressed concern over the increase of the conviction threshold, suggesting it could make it harder for victims to achieve justice and potentially devalue the significance of a conviction.
In spite of these reservations, the bill marks a significant step toward a increasingly survivor-centered justice system in Scotland.
