Scottish Parliament has passed landmark legislation abolishing the unique "not proven" verdict that has existed in Scotland's courts since the 17th century. The Victims, Witnesses and Justice Reform (Scotland) Bill was approved by 71 votes to 46 with one abstention on Wednesday.
Justice Secretary Angela Constance said the legislation would make "fundamental and meaningful changes" to Scotland's justice system. She described it as a "landmark Bill of reforms" despite the removal of its most controversial proposal for juryless rape trials.
The most controversial element - requiring rape and attempted rape cases to be tried by judges rather than juries - was removed from the bill following outcry from lawyers. Constance said this measure was dropped by the Scottish Government after significant opposition from the legal profession.
Verdict abolition brings clarity
The not proven verdict has faced growing criticism for being used "disproportionately" by juries in rape cases. Like a not guilty verdict, it results in acquittal but campaigners against violence against women have long called for its abolition to bring clarity to court decisions.
Victim Support Scotland backed the change, saying it would bring "clarity of decision-making for juries, ensuring that verdicts are understood by all". The organisation described the legislation as addressing long-standing concerns about the third verdict option.
Wide-ranging justice reforms
The legislation will create a specialist sexual offences court, which Constance said "we may wish was not needed, but it will benefit so many". Future convictions will require support from two-thirds of jurors rather than the current simple majority.
The bill will establish an independent Victims Commissioner and expand opportunities for those affected by crime to make victim impact statements in court. These changes aim to give victims a stronger voice within the justice system.
It also includes "Suzanne's Law" - requiring the Parole Board to consider whether killers have revealed the location of victims' remains when deciding on release. The measure is named after Suzanne Pilley, who was murdered in 2010 but whose killer has never revealed the location of her body.
Research to replace dropped proposals
Constance said research would now be commissioned into jury deliberations to understand "the impact of rape myths on decision making". She vowed to pursue this research "as a priority" to better understand how juries reach their verdicts in sexual offence cases.
Kate Wallace, chief executive of Victim Support Scotland, welcomed the legislation as representing "a momentous occasion for Scotland's criminal justice system". She said it marked "a significant step towards creating a system that considers and prioritises the needs of people impacted by crime".
Political opposition emerges
Both Labour and the Scottish Conservatives voted against the legislation despite supporting the abolition of the not proven verdict. The Conservatives branded it a "victims Bill in name only" due to concerns about other provisions.
Scottish Conservative justice spokesman Liam Kerr called it a "half-baked Bill" that "sells the victims of crime desperately short". He said the SNP had "squandered the chance for a long overdue rebalancing of Scotland's justice system" by ignoring key demands from victims' groups.
Labour MSP Pauline McNeill questioned whether ministers had evidence the sweeping changes would deliver the promised transformation for victims. She said the bill "deals with whole-scale reform of the criminal justice system, overturning years of established systems that fit together".
Sources used: "PA Media" Note: This article has been edited with the help of Artificial Intelligence.
