On 17 September 2025, the Scottish Parliament voted for the abolition of the not proven verdict as part of the Victims, Witnesses and Justice Reform (Scotland) Bill.
Described as a "landmark Bill of reforms" it was introduced with the aim of improving the experience of and strengthening the rights of victims and witnesses, in particular the victims of sexual crimes, and to embed trauma-informed practice across the Scotland's justice system. Among the changes, the Bill will see the establishment of a new Victims and Witnesses Commissioner for Scotland and a new Sexual Offences Court.
Not Proven verdict
The not proven verdict is a peculiarly Scottish verdict, alongside the more familiar guilty and not guilty, although as those in the profession know, the not proven verdict has the same legal effect as not guilty.
After a public consultation in 2021-2022, the majority of respondents supported moving to a two verdict system rather than retaining three verdicts. The various Scottish Bar associations, those that represent Scottish solicitors, were however united in their opposition.
It is said that the key motivations for the reforms were centred around:
- Clarity and fairness. It was said that the not proven verdict had no formal legal definition distinguishing it from not guilty and many argued that caused confusion for jurors, accused and victims.
- Impact on sexual offences. Statistics showed that not proven was disproportionately used in certain types of trials (especially rape) contributing, it has been argued, to low conviction rates and perceived unfairness to complainers.
Alongside the abolition of the not proven verdict, the Bill also alters the majority of juror votes required for a conviction – from eight out of 15 to at least 10 votes required to return a guilty verdict. This has been mooted as a safeguard to mitigate the loss of the third verdict but many in the profession remain sceptical.
The abolition of the not proven verdict marks a significant shift in Scottish legal tradition. For some this is a welcome move towards clarity, fairness and confidence in the criminal justice system, especially for victims of serious crime. For others, concerns remain about protecting the rights of the accused. Whether the reform achieves its intended effects will likely depend on how juries, lawyers and the broader public adapt to the new two verdict system and how the other reforms (e.g. the new juror majority) will impact outcomes.
For more information or advice, please contact one of our experts in our Regulatory Team.
