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How plan to scrap not proven verdict could shake up Scots law MSPs to back plan to scrap not proven verdict from Scots law
(about 2 hours later)
The Scottish Parliament is set to approve major reforms to the country's legal system, including the removal of the not proven verdict. Justice Secretary Angela Constance has steered the bill through parliament
The government's Victims, Witnesses and Justice Reform (Scotland) Bill will also raise the bar for a guilty verdict in criminal trials and pave the way for the creation of a special sexual offences court. The Scottish Parliament is to approve major reforms to the country's legal system, including the removal of the not proven verdict.
The government's Victims, Witnesses and Justice Reform (Scotland) Bill also proposes raising the bar for a guilty verdict in criminal trials and paves the way for the creation of a special sexual offences court.
The bill has already been controversial, with ministers dropping plans for juryless rape trials following criticism from lawyers and judges.The bill has already been controversial, with ministers dropping plans for juryless rape trials following criticism from lawyers and judges.
MSPs have tabled more than 160 amendments, which will be debated in a late-night session of the parliament. MSPs agreed several amendments to the bill following a six-hour debate at Holyrood, with a final vote to follow on Wednesday.
A final vote will be held on Wednesday.
The SNP does not have a majority at Holyrood, but the bill is expected to pass after the Scottish Greens said they would back it.The SNP does not have a majority at Holyrood, but the bill is expected to pass after the Scottish Greens said they would back it.
What is a not proven verdict?What is a not proven verdict?
The headline proposal of the reforms is the removal of the not proven verdict - a legal idiosyncrasy that can be traced back to the 17th Century.The headline proposal of the reforms is the removal of the not proven verdict - a legal idiosyncrasy that can be traced back to the 17th Century.
In Scots law criminal cases it is one of three possible verdicts, along with guilty and not guilty.In Scots law criminal cases it is one of three possible verdicts, along with guilty and not guilty.
There is no set definition of a not proven verdict, or how it is different from not guilty. Indeed the result of a not proven verdict is exactly the same as a not guilty verdict - the accused is acquitted and is innocent in the eyes of the law.There is no set definition of a not proven verdict, or how it is different from not guilty. Indeed the result of a not proven verdict is exactly the same as a not guilty verdict - the accused is acquitted and is innocent in the eyes of the law.
Some argue that it provides extra protection to the accused by reducing the risk of wrongful conviction. But critics say that it is confusing for juries and the public, can stigmatise an accused person by appearing not to clear them, and fails to provide closure for victims.Some argue that it provides extra protection to the accused by reducing the risk of wrongful conviction. But critics say that it is confusing for juries and the public, can stigmatise an accused person by appearing not to clear them, and fails to provide closure for victims.
A study published in 2019 found removing the not proven verdict might incline more jurors towards a guilty verdict in finely balanced trials. It also highlighted inconsistent views on the meaning of not proven and how it differed from not guilty.A study published in 2019 found removing the not proven verdict might incline more jurors towards a guilty verdict in finely balanced trials. It also highlighted inconsistent views on the meaning of not proven and how it differed from not guilty.
Justice Secretary Angela Constance is hoping to win parliament's backing for the bill Justice Secretary Angela Constance, who is steering the bill through parliament, described not proven as a "widely misunderstood" verdict that "traumatises" victims and leaves a "lingering stigma on the accused".
Another major change in the bill is the proposal to introduce a two-thirds majority for a guilty verdict. Currently, a simple majority of eight jurors out of 15 is sufficient. The new rules would increase that to 10 out of 15 jurors.Another major change in the bill is the proposal to introduce a two-thirds majority for a guilty verdict. Currently, a simple majority of eight jurors out of 15 is sufficient. The new rules would increase that to 10 out of 15 jurors.
Raising the bar for guilty verdicts is intended to allay the concerns of some defence lawyers who fear the the abolition of the not proven verdict could make it harder to help their clients avoid a conviction.Raising the bar for guilty verdicts is intended to allay the concerns of some defence lawyers who fear the the abolition of the not proven verdict could make it harder to help their clients avoid a conviction.
Prosecutors fear the two-thirds rule will make it harder to secure a conviction.Prosecutors fear the two-thirds rule will make it harder to secure a conviction.
Originally, the government wanted to cut the size of juries in criminal cases from 15 to 12, though this idea was later shelved. Originally, the government wanted to cut the size of juries in criminal cases from 15 to 12, but this idea was later shelved.
The bill also includes proposals to create a sexual offences court and to establish a victims and witnesses commissioner. Another key pillar of the bill is a proposal to create a sexual offences court.
Ministers hope that the special court would help prevent complainers in sexual offence cases from being caught up in backlogs, and improve their experience in the justice system by introducing "trauma-informed" training for judges and legal staff. Ministers say this would prevent victims from being caught up in judicial backlogs and improve their experience in the justice system by introducing "trauma-informed" training for judges and legal staff.
The commissioner would be in charge of ensuring standards of care for victims and would answerable to parliament. Constance told MSPs: "The hierarchy and tradition woven through our system is not delivering for victims. We need systemic reform which will enable us to build a new culture, processes, procedures, from the ground up."
However, Scottish Labour MSP Pauline McNeill said that ministers had not provided "concrete" evidence that the sexual offences court would cut delays is the system.
The bill would also pave the way for the government to establish a victims and witnesses commissioner. The independent office would be in charge of ensuring standards of care for victims and would be answerable to parliament.
The government has not set a timescale for scrapping the not proven verdict or introducing a two-thirds majority for guilty verdicts. Before the changes are introduced judges and court staff would need to undergo training.The government has not set a timescale for scrapping the not proven verdict or introducing a two-thirds majority for guilty verdicts. Before the changes are introduced judges and court staff would need to undergo training.
It could take significantly longer to set up a sexual offences court and a victims commissioner.It could take significantly longer to set up a sexual offences court and a victims commissioner.
The bill also includes provisions for The bill also includes provisions for:
an automatic lifelong right to anonymity for victims of sexual offences and certain other offencesan automatic lifelong right to anonymity for victims of sexual offences and certain other offences
automatic independent legal representation to complainers in sexual offence cases when defence lawyers want to use evidence relating to their sexual history or characterautomatic independent legal representation to complainers in sexual offence cases when defence lawyers want to use evidence relating to their sexual history or character
extending rules that restrict what can be said in court about a complainer's sexual history
a requirement for the parole board to consider if a murderer has refused to reveal the location of their victim's remains when considering if they should be freed from jail. The measure has been named Suzanne's Law, after Edinburgh woman Suzanne Pilley.a requirement for the parole board to consider if a murderer has refused to reveal the location of their victim's remains when considering if they should be freed from jail. The measure has been named Suzanne's Law, after Edinburgh woman Suzanne Pilley.
changes to make it easier for vulnerable witnesses to give evidence in civil cases, for example by appearing from video link or from behind a screenchanges to make it easier for vulnerable witnesses to give evidence in civil cases, for example by appearing from video link or from behind a screen
reforms to the Victim Notification Scheme - which gives victims the right to receive information about the release of an offender from jail - to ensure it works in a "more trauma-informed and person-centred way"reforms to the Victim Notification Scheme - which gives victims the right to receive information about the release of an offender from jail - to ensure it works in a "more trauma-informed and person-centred way"
What else could the bill change?What else could the bill change?
There appears to be broad parliamentary agreement over the proposal to scrap the not proven verdict, but opposition parties are calling on the government to go further with their justice reforms. There was broad agreement in parliament about scrapping the not proven verdict, but opposition parties called for further justice reforms.
MSPs have also raised concerns about trying to push through such a wide range of reforms in one bill. MSPs also raised concerns about trying to push through such a wide range of reforms in one bill and being given limited time to debate complex amendments.
Justice Secretary Angela Constance, who is steering the bill through parliament, has said the reforms will improve protections for victims and witnesses while protecting the rights of the accused. Constance has said the reforms will improve protections for victims and witnesses while protecting the rights of the accused.
But Scottish Conservatives leader Russell Findlay has said that without changes, the bill will not "meaningfully change the justice system", adding: "It's a victims' law in name only." But Scottish Conservatives leader Russell Findlay described the bill as a "massive missed opportunity".
He is one of several MSPs to have lodged amendments, with Constance backing some of them. More than 160 amendments were lodged at stage three of the bill's journey through parliament. Several were passed with the government's support.
She supports Findlay's proposal for victims in solemn cases - which deal with the most serious crimes - to be informed if a plea deal has been struck between prosecutors and defence lawyers. These included Scottish Conservative leader Findlay's proposal for victims in solemn cases - which deal with the most serious crimes - to be informed if a plea deal has been struck between prosecutors and defence lawyers, if they request that information.
However, ministers have not backed another of Findlay's amendments calling for the government to set up a grooming gangs inquiry. However, ministers did not back another of Findlay's amendments calling for the government to set up a grooming gangs inquiry.
Scottish Conservatives leader Russell Findlay is one of several MSPs to have lodged amendments to the billScottish Conservatives leader Russell Findlay is one of several MSPs to have lodged amendments to the bill
Constance has said she will support an amendment lodged by Conservative MSP Sharon Dowey which aims to ensure that courts always consider a non-harassment order to protect victims in sexual offence, stalking and intimate images cases. MSPs also backed amendments that, once enacted, would:
The justice secretary is also backing a proposal from Liberal Democrat Jamie Greene to create a victims' charter setting out their rights and what to expect in the justice system. ensure courts always consider a non-harassment order to protect victims in sexual offence, stalking and intimate images cases
Ministers have indicated they are open to amendments that would make permanent a trial scheme giving victims of rape and serious sexual assault free access to court transcripts. create a victims charter, setting out victims' rights and what to expect in the justice system
And Constance is backing proposals to widen a scheme that allows victims of some offences to make a statement about the impact of the crime to help inform sentencing decisions. give victims the right to be told about a decision not to prosecute
Scottish Greens justice spokesperson Maggie Chapman has tabled an amendment that would mean ministers have to review how courts manage domestic abuse cases where there are connected proceedings. make permanent a trial scheme giving victims of rape and serious sexual assault free access to court transcripts
Ministers are expected to support that, as well as an amendment from Scottish Labour MSP Katy Clark seeking reassurances over measures to improve the experiences of victims and witnesses, particularly women. widen a scheme that allows victims of some offences to make a statement about the impact of the crime to help inform sentencing decisions
Announcing her party's support for the bill, Chapman said: "It is long past time to end not proven and it is a necessary step for a clearer, more humane and modern justice system." seek reassurances over measures to improve the experiences of victims and witnesses, particularly women
ensure the parole board takes into account the safety and security of victims and their families when considering whether prisoners should be released. The proposal is named after Ayrshire teenager Michelle Stewart, who was murdered by her ex-boyfriend
compel ministers to review how courts manage domestic abuse cases where there are connected proceedings
Announcing her party's support for the bill, Scottish Greens justice spokeswoman Maggie Chapman said scrapping not proven was necessary "for a clearer, more humane and modern justice system".
Liberal Democrat MSP Jamie Greene, who tabled the amendments on the victims charter and the right of victims to be informed about prosecution decisions, said: "I am confident that this bill can now make an important difference for the victims of crime and their families."
He added: "I encourage all parties in Holyrood to not play political games at the final hurdle and support this bill."
A final vote on the amended bill is scheduled for about 16:00 on Wednesday.
Once a bill is passed by MSPs it has to be rubber-stamped by the King before it can become an act of law.
Lord Advocate Dorothy Bain has sought to focus attention on the experience of victimsLord Advocate Dorothy Bain has sought to focus attention on the experience of victims
The push for reform comes as Lord Advocate Dorothy Bain, Scotland's top law officer, makes clear her desire to improve the justice system for victims of sexual offences.The push for reform comes as Lord Advocate Dorothy Bain, Scotland's top law officer, makes clear her desire to improve the justice system for victims of sexual offences.
Most rape cases reported to police do not lead to prosecutions. Of those that do the conviction rate is significantly lower than for other offences. Most rape cases reported to police do not lead to prosecutions. To address this, ministers proposed a pilot scheme that would have allowed trials for serious sexual offences to be held without a jury and decided by a single judge.
For example, in 2022-23, a total of 2,529 rapes and attempted rapes were recorded by Police Scotland. That same year, 372 rape and attempted rape cases reached the courts. The conviction rate was 48%, compared to more than 80% for all crimes. However, this measure was dropped from the justice reforms due to a lack of cross-party support.
One solution proposed by the government to increase the conviction rate - which ministers said was at least partly a result of "rape myths" influencing jurors - was to hold a pilot scheme that would have allowed trials for serious sexual offences to be held without a jury and decided by a single judge.
However, this measure was dropped from the Victims, Witnesses and Justice Reform Bill due to a lack of cross-party support.
Last year, after being asked by the lord advocate to consider the issue, judges overturned an 87-year-old rule on corroboration in rape and sexual abuse cases.Last year, after being asked by the lord advocate to consider the issue, judges overturned an 87-year-old rule on corroboration in rape and sexual abuse cases.
They ruled that distress shown by a complainer at the time of an attack could be used as evidence, making it more likely for cases to reach the required legal threshold to go to court. One year on, the Scottish legal system is heading for an even bigger shake-up.
One year on, the Scottish legal system is heading for an even bigger shake up.