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Scotland's ‘Not Proven verdict’ to be abolished on New Year’s Day
A police officers outside the Edinburgh High Court, September 7, 2021

THE “not proven” verdict, unique to Scotland’s criminal justice system for over four centuries, will be consigned to history on New Year’s Day.

Its scrapping comes as part of host of major reforms to be ushered in by the Victims, Witnesses, and Justice Reform (Scotland) Act, which was passed by MSPs in September.

It follows years of lobbying by the End Not Proven campaign, formed in 2018 by a rape survivor known as Miss M and Rape Crisis Scotland (RCS).

The Act creates a new specialist sex offences court and guarantees survivors the legal right to anonymity for life, in a bid to boost stubbornly low conviction rates.

But RCS has raised concerns that increasing the majority required for a jury conviction to 10 out of 15 jurors could undermine those efforts.

RCS chief executive Sandy Brindley said: “While the Bill takes many positive steps, we have serious concerns about the increase to the jury majority.

“Research shows a reluctance to convict rape cases and deep-rooted prejudices around sexual violence affect public attitudes and jury decision-making every day. 

“An increased jury majority will undoubtedly make survivors’ fight for justice even harder.”

Arguing the changes would create a “transparent, trauma-informed” system, Scottish Justice Secretary Angela Constance said: “Victims, families and support organisations campaigned long and hard for the abolition of the not proven verdict and I am pleased that this historic change will take effect for all new criminal trials from January 1.

“Moving from a simple majority to a two-thirds majority for a criminal conviction, alongside the change to a two-verdict system, is a proportionate and balanced reform that is mindful of the unique nature of the Scottish system.”

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