Major Legal Reform in Scottish Law: Scrapping of ‘Not Proven’
Scotland’s unique legal outcome of “not proven” – a worldwide legal anomaly thought to be a factor to lower convictions in rape cases – has been abolished.
Parliamentary Vote and Changes
MSPs voted to eliminate the alternative verdict alongside major changes framed as putting victims and those testifying at the heart of a modern and just justice system.
The removal of “not proven” – an outcome originating to the 1700s that cleared the accused without finding them innocent – was welcomed by advocates as returning victims and their loved ones back their voice.
Background and Effect
A prominent advocate, referred to as the survivor, previously campaigned to end the verdict after winning a historic civil ruling following a court trial that resulted in a “not proven” outcome.
“We have spoken up 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 more transparent going forward.”
In recent years, the “not proven” verdict made up 61% of not guilty outcomes in rape and attempted rape cases, versus an overall percentage of 22% for all criminal offenses.
She stated: “To know that a future rape victim isn’t going to go through what I did following my court case was the main motivation I’ve invested so much time and energy into this movement.”
Additional Legal Reforms
The passing on the parliament’s justice reform bill saw it pass by a clear majority after extensive discussion and over 160 proposed changes.
Major measures feature:
- Establishment of a two-thirds verdict requirement for guilty verdicts
- Formation of a dedicated sexual offences court
- Right to permanent anonymity for rape complainers
- Introduction of a victims and witnesses commissioner
- Automatic access to state-supported lawyers for complainers in hearings involving previous sexual history questions
Support and Criticism
While the changes were largely supported, some opposition voices argued the bill missed opportunities to address other concerns, such as grooming gangs and parole conditions.
Meanwhile, support organizations and professional associations raised reservations over the raising of the conviction threshold, stating it could create barriers for victims to obtain justice and potentially weaken the significance of a guilty verdict.
In spite of these concerns, the bill represents a major shift toward a increasingly survivor-centered legal framework in the country.
