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The Scottish Parliament is set to deliberate on proposed reforms to the country’s legal systems, which include abolishing the not proven verdict. The government’s Victims, Witnesses and Justice Reform (Scotland) Bill also aims to increase the threshold for a guilty verdict in criminal trials and create a specialized sexual offenses court. Previous contentious elements of the bill, such as plans for juryless rape trials, were abandoned following backlash from legal professionals and judges. With over 160 amendments tabled by MSPs, a late-night session will be held for the debate on Tuesday, possibly extending into Wednesday for a final vote.
The highlighted aspect of the reforms is the elimination of the not proven verdict, a unique feature in Scots law that dates back to the 17th century. This verdict, along with guilty and not guilty, is one of three possible outcomes in criminal cases. Critics argue that it can be perplexing for juries and the public, potentially stigmatizing the accused and lacking closure for victims. A study from 2019 suggested that removing the not proven verdict might sway jurors towards a guilty verdict in finely balanced trials while pointing out inconsistent interpretations of its meaning compared to not guilty.
Initially, the government considered reducing the jury size in criminal cases from 15 to 12, but this proposal was discarded. The bill maintains plans for a two-thirds majority requirement for a guilty verdict, which some defense lawyers view as a challenge to assisting their clients in avoiding convictions. Conversely, prosecutors are concerned that the two-thirds rule will impede their ability to secure convictions. Additionally, the bill includes provisions for establishing a sexual offenses court and appointing a victims and witnesses commissioner to uphold care standards for victims.
While there is general parliamentary consensus on scrapping the not proven verdict, opposition parties seek more extensive reforms in the justice system. Justice Secretary Angela Constance contends that the reforms aim to enhance protection for victims and witnesses while ensuring the rights of the accused are preserved. Nonetheless, MSPs have expressed apprehensions over incorporating a broad range of reforms in a single bill. Various amendments have been proposed, with some backed by Constance, including informing victims about plea deals and considering a non-harassment order in certain cases
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