Plan to scrap Scotland's 'Not Proven' verdict released
The third verdict has been under scrutiny for over a century.
Last updated 26th Apr 2023
A Bill to consign the unique, and controversial, not proven verdict in Scots Law to history has been published at Holyrood.
The Victims, Witnesses and Justice Reform (Scotland) Bill will also make a number of changes to the justice system including reducing the size of juries in criminal juries from 15 to 12 and requiring a majority verdict to be agreed on by at least two-thirds.
It also aims to address a number of issues around serious sexual offences, creating a new specialist sexual offences court.
Ministers will also have the power to carry out a pilot of rape trials being conducted by a single judge without a jury.
Controversial third verdict
Discussions around Scotland's third verdict, which has the effect of acquitting the accused, have been going on for years.
Last year, Nicola Sturgeon committed to abolishing the third verdict in the Scottish legal system.
In 2019 the then-First Minister met a rape victim, known as Miss M, who told her the change would help every rape survivor in Scotland.
READ MORE: MSPs debate future of Scotland's unique third verdict
READ MORE: Public support for change
Better for victims
Justice Secretary Angela Constance said: "This Bill will put victims and witnesses at the heart of the justice system.
"It is testament to the efforts of many campaigners who have worked to ensure that the processes of justice better serve victims, witnesses and vulnerable parties.
"This landmark legislation is among the most significant since devolution and will ensure fairness is cemented into the bedrock of Scotland's modern-day justice system.
"Building on the experiences of survivors, victims and their families, these key reforms will make justice services more sensitive to the trauma it can cause.
"This government has been clear we must take action to improve the experience of those who suffer sexual abuse.
"The majority are women, who must be supported to have trust and confidence that the processes of justice will serve their needs, allow them to give their best evidence and support them in their recovery."
She also hailed the creation of a new independent commissioner for victims and witnesses.
Earlier, the chief executive of Rape Crisis Scotland welcomed plans to scrap the not proven verdict, saying she has "no doubt that guilty men are walking free".