In a landmark vote that rewrites centuries of legal history, the Scottish Parliament has moved to abolish the unique 'not proven' verdict. This decisive action ends one of the most distinctive and often debated features of the Scots legal system.
The reform, passed by MSPs, simplifies the landscape of criminal justice. The centuries-old three-verdict system will be replaced by a more familiar binary choice for juries: a straightforward 'guilty' or 'not guilty'.
Why Was 'Not Proven' So Controversial?
For generations, the 'not proven' verdict has been a subject of intense debate. Critics argued it created a 'get out of jail free' card' for the accused, often leaving victims and their families in a state of agonising limbo without a clear declaration of innocence. The verdict functionally acquitted a defendant but carried a persistent stigma of doubt.
Campaigners, including many victims' rights groups, have long contended that the verdict was confusing for jurors and deeply distressing for those seeking closure, hailing its abolition as a monumental step towards a more modern and compassionate justice system.
The Road to Legal Reform
The move to scrap the verdict was propelled by the Victims, Witnesses, and Justice Reform (Scotland) Bill. This extensive legislation aims to overhaul various aspects of the legal process, placing the experiences of victims at its core. The abolition of 'not proven' is arguably its most publicly recognised change.
While the Scottish Government and justice secretary pushed for the change, it was not without its opponents. Some legal professionals and opposition parties warned that removing 'not proven' could increase wrongful convictions, arguing it provided a crucial middle ground for juries who were not convinced of guilt beyond a reasonable doubt but were not fully persuaded of innocence either.
Despite these concerns, the parliamentary majority secured the verdict's fate, marking a definitive shift in Scotland's judicial identity.
What Happens Next?
The legislation now receives royal assent before becoming law. The change will apply to all criminal cases tried in Scotland's courts once enacted, fundamentally altering how justice is delivered and perceived.
This historic vote signals a new chapter for Scots law, aligning it more closely with other legal systems across the world while concluding a debate that has simmered for over 300 years.
