The Scottish Parliament is due to decide this week on sweeping reforms to the country's criminal justice system that would remove the long-standing "not proven" verdict, raise the threshold for guilty verdicts in jury trials and pave the way for a specialist sexual offences court.
Ministers tabled the Victims, Witnesses and Justice Reform (Scotland) Bill amid more than 160 proposed amendments and expect a late-night parliamentary debate to stretch into Wednesday before a final vote. The Scottish National Party government does not hold an outright majority, but leaders expect to secure passage of the bill with backing from some opposition MSPs.
The headline measure would abolish the "not proven" verdict, a feature of Scots law dating back to the 17th century. In Scottish criminal trials juries can currently return three outcomes: guilty, not guilty and not proven. Both not guilty and not proven result in acquittal, but critics say the latter can leave an impression that an accused person has not been fully cleared and can frustrate victims seeking closure. Supporters of the verdict argue it provides added protection for defendants.
To offset concerns from defence advocates that removing not proven could increase convictions, ministers have retained a proposal to raise the threshold for a guilty verdict from a simple majority to a two-thirds majority of jurors. Currently a minimum of eight jurors out of 15 is required to convict. Prosecutors have warned that requiring a two-thirds majority could make securing convictions more difficult, while a 2019 study cited by opponents suggested scrapping not proven might incline jurors toward guilty findings in finely balanced cases.
The bill originally contained further changes — including reducing jury sizes from 15 to 12 and introducing juryless rape trials — but ministers dropped the juryless proposals after criticism from legal professionals and judges. The reduction in jury size has also been shelved, though the government says it remains committed to other measures intended to improve victim and witness experience.
Provisions in the bill would create a specialist sexual offences court and establish a victims and witnesses commissioner answerable to parliament. The government says a dedicated court could reduce delays for complainants and improve their experience through trauma-informed training for judges and court staff. The commissioner would be tasked with monitoring standards of care for victims.
Other proposed changes include automatic lifetime anonymity for victims of sexual offences and certain other crimes; automatic independent legal representation for complainers when defence teams seek to introduce evidence about their sexual history or character; and measures to make it easier for vulnerable witnesses to give evidence remotely or from behind screens in civil cases. Ministers also want the Parole Board, when considering release for those convicted of murder or culpable homicide, to take into account any refusal by offenders to disclose the location of a victim's body. The bill would also aim to make the Victim Notification Scheme more „trauma-informed and person-centred”.
Justice Secretary Angela Constance, who is steering the legislation through parliament, has argued the bill will improve protections for victims and witnesses while safeguarding the rights of the accused. She has indicated support for several opposition amendments, including requirements to notify victims when prosecutors and defence teams reach plea deals, proposals to ensure courts consider non-harassment orders in sexual offence and stalking cases, and a victims' charter setting out what victims can expect from the justice system.
Scottish Conservatives leader Russell Findlay has urged further changes, saying the bill as drafted will not "meaningfully change the justice system" and calling it "a victims' law in name only." Mr Findlay and other opposition MSPs have lodged a range of amendments; ministers have said they are open to measures that maintain the bill's stated balance between rights and protections.
The campaign for reform has been driven in part by concern over low prosecution and conviction rates in sexual offence cases. In 2022-23 Police Scotland recorded 2,529 rapes and attempted rapes, but only 372 of those cases reached the courts, with a conviction rate of about 48%. By comparison, conviction rates for all crimes exceed 80%.
A year ago judges in Scotland overturned an 87-year-old corroboration requirement in rape and sexual abuse cases after the Lord Advocate, Dorothy Bain, urged reconsideration. That change allowed evidence of a complainer's distress at the time of an attack to be considered when deciding whether a case meets the threshold to proceed to trial. Ms Bain has continued to press for reforms aimed at improving outcomes for victims of sexual offences.
Some MSPs have expressed concern about consolidating a wide range of reforms within a single bill. Scottish Greens justice spokesperson Maggie Chapman has sought a statutory review of how courts manage domestic abuse cases where related proceedings exist, and Scottish Labour has tabled amendments seeking reassurances about measures intended to improve experiences for women and other vulnerable witnesses. Ministers have indicated support for reviews and pilots on elements such as free access to court transcripts for complainants in rape and serious sexual assault trials.
Parliamentary sources said debates are likely to be robust as MSPs vote on a package of measures that could reshape Scottish criminal law and courtroom practice. If approved, the measures would mark one of the most significant changes to Scots criminal procedure in decades and could alter how juries, victims and defendants experience sexual offence prosecutions.
