Historic Judicial Change in Scottish Law: Scrapping of ‘Not Proven’
Scotland’s unique verdict of “not proven” – an worldwide legal anomaly thought to contribute to reduced convictions in sexual assault trials – has been removed.
Legislative Vote and Changes
MSPs agreed to eliminate the alternative option as part of major changes framed as placing survivors and those testifying at the heart of a modern and fair legal system.
The abolition of “not proven” – a verdict dating back to the 1700s that acquitted defendants without declaring them innocent – was hailed by campaigners as giving survivors and their families a sense of justice.
Background and Impact
A prominent campaigner, referred to as the survivor, previously spoke out to end the verdict after winning a landmark civil case after a court case that ended in a “not proven” outcome.
“I have advocated about how damaging this verdict is. Now we have been heard and the changes to the legal system are going to make it fairer and clearer going forward.”
During the last judicial year, the “not proven” verdict made up over sixty percent of acquittals in sexual offense cases, versus an overall rate of 22% for all criminal cases.
She stated: “To know that another survivor isn’t going to experience what I had to after my criminal trial is the main motivation I’ve invested so much effort into this campaign.”
Additional Legal Reforms
The final vote on the government’s legal modernization legislation saw it pass by 71 votes to 46 after lengthy debate and over 160 amendments.
Major reforms feature:
- Establishment of a supermajority verdict requirement for conviction
- Creation of a dedicated sexual offences court
- Right to lifelong privacy for those reporting rape
- Introduction of a commissioner for affected individuals
- Guaranteed right to publicly funded lawyers for complainers in hearings involving previous sexual history questions
Support and Criticism
Although the reforms were largely backed, some opposition voices claimed the bill failed to seize chances to tackle other issues, such as grooming gangs and parole conditions.
Meanwhile, advocacy organizations and professional associations raised concern over the raising of the jury majority, suggesting it could create barriers for victims to obtain justice and potentially devalue the meaning of a conviction.
Despite these reservations, the legislation marks a significant shift toward a more victim-focused legal framework in Scotland.
