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Scotland has made a landmark decision to eliminate the controversial not proven verdict as part of sweeping reforms in the justice system. This move, which was approved by the Members of the Scottish Parliament (MSPs), will also raise the threshold for a guilty verdict in jury trials and establish a specialized court for sexual offences. The not proven verdict, a unique feature of Scottish courts dating back to the 17th Century, has been a subject of debate with supporters citing its role in preventing wrongful convictions, while critics argue that it confuses and fails to offer closure to victims.
The not proven verdict is one of three possible outcomes in Scotland’s criminal courts, alongside guilty and not guilty. Despite having the same effect as a not guilty verdict, it has faced criticism over the years, particularly from families of victims who view it as an unjust resolution. The removal of the not proven verdict has been a long-awaited change in Scotland’s legal landscape and has sparked discussions around the implications on justice and fairness in criminal trials.
The reforms introduced in the Victims, Witnesses and Justice Reform (Scotland) Bill have been met with mixed reactions. While Justice Secretary Angela Constance emphasized the need to eradicate a verdict that often causes distress to victims and stigma to the accused, the Law Society of Scotland has expressed concerns about potential miscarriages of justice resulting from its removal. Studies have highlighted the ambiguity surrounding the not proven verdict and the varying interpretations among jurors, raising questions about the impact of this change on the legal system.
In addition to abolishing the not proven verdict, the reforms include modifications to how guilty verdicts are reached in Scottish courts. The requirement of a two-thirds majority for a guilty verdict, instead of a simple majority, aims to address concerns about potential wrongful convictions in the absence of the not proven option. The bill also lays the groundwork for the creation of a specialized sexual offences court, training for judges and legal personnel on trauma-informed practices, and safeguards for victims and their families in parole board decisions. While the bill has received support from some quarters, there are reservations about the speed and scope of these changes, with concerns raised about the potential impact on the justice system and the rights of individuals involved in criminal proceedings
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