Scottish Parliament Poised to Scrap Controversial ‘Not Proven’ Verdict in Landmark Justice Reform

Published: 16 September ‘2025. The English Chronicle Desk

Scotland is on the verge of eliminating its unique “not proven” verdict, a legal anomaly that has long set the country apart on the global stage. The Holyrood parliament is preparing to vote this week on the most significant overhaul of criminal justice in decades, with the potential abolition of the verdict at the centre of the reform.

Scotland remains the only country in the world to offer juries the option of not proven alongside guilty and not guilty. Introduced in the 18th century, the verdict acquits an accused person without formally declaring them not guilty, a distinction that has been widely criticised for its ambiguity. Critics argue that it has contributed to Scotland’s comparatively low conviction rates for rape and sexual assault, leaving survivors feeling justice is often denied.

The vote comes as part of the Scottish government’s victims, witnesses, and justice reform bill, which seeks to strengthen protections for survivors of sexual violence while modernising the criminal justice system. Sandy Brindley, chief executive of Rape Crisis Scotland, described the legislation as a “once-in-a-generation opportunity” to place victims and witnesses at the centre of justice.

The bill has generated intense debate, with more than 160 amendments tabled by both the SNP government and opposition MSPs. Justice Secretary Angela Constance emphasised that the reforms aim to balance the rights of survivors with those of the accused. “This landmark bill will put victims and witnesses at the heart of the justice system, while continuing to protect the rights of the accused,” Constance said ahead of the anticipated vote.

Abolishing the not proven verdict is only one component of the sweeping reforms. The bill also proposes raising the jury threshold for conviction to a two-thirds majority, creating a specialist sexual offences court, and enshrining the right to lifelong anonymity for rape complainants. Additional measures include establishing a victims and witnesses commissioner and providing automatically funded, independent legal representation for complainers, particularly to challenge questions about their sexual history.

The bill has already undergone significant revisions. Plans for piloting juryless trials in rape cases were removed after widespread condemnation from legal associations across Scotland, with many lawyers signalling their opposition through near-unanimous boycotts of the proposed scheme. Nonetheless, concerns remain. The Faculty of Advocates and the Law Society of Scotland have warned that increasing jury majorities in combination with scrapping the not proven verdict could “cheapen the guilty verdict,” potentially undermining conviction rates in sexual assault cases.

Campaigners argue that such reforms are essential to address the persistent failings of the current system. Kate Wallace, chief executive of Victim Support Scotland, described the removal of the not proven verdict as “a necessity for modern justice.” Survivors such as Miss M, who successfully pursued a civil case after a criminal case resulted in a not proven verdict, have spoken publicly about the verdict’s damaging impact. She urged MSPs to consider the “harrowing” consequences for survivors and their families, citing research showing that the verdict is often misunderstood and disproportionately used in sexual offence cases.

If passed, the bill will mark a historic shift in Scottish criminal law, seeking to ensure that survivors of sexual violence receive fairer treatment in the courtroom and that the legal system more accurately reflects principles of justice and accountability. The vote, expected by Wednesday, could close a chapter on a centuries-old legal anomaly and pave the way for a more survivor-focused justice system in Scotland.