Scottish Parliament Ends Not Proven Verdicts, Reforming Criminal Law

The Scottish Parliament has officially abolished the controversial “not proven” verdict, reshaping the landscape of criminal law in Scotland. On October 30, 2023, members of the Scottish Parliament (MSPs) voted to eliminate this longstanding legal option, which has been part of the judicial system since the 17th century. Justice Secretary Angela Constance has played a pivotal role in advancing this bill through Holyrood, marking a significant shift in legal proceedings.

The not proven verdict was one of three possible outcomes in criminal cases, alongside guilty and not guilty. Despite its historical presence, the verdict’s definition proved challenging, leading to confusion about the criteria juries should use to reach such a decision. In practice, a not proven verdict yields similar consequences to a not guilty verdict, sparking debates about its necessity in the judicial process.

The move to abolish this verdict comes after a 2017 study conducted by the Scottish Government, which indicated that removing the not proven option could potentially lead to an increase in guilty verdicts. This shift raises concerns about the possibility of miscarriages of justice, prompting discussions about how the changes will impact the overall fairness of trials in Scotland.

Historical Context and Implications

Historically, the not proven verdict has drawn criticism from legal experts and advocates who argue that it creates ambiguity in jury decisions. The verdict has often been seen as a compromise, allowing juries to express doubt without fully acquitting a defendant. Critics have long argued that this lack of clarity diminishes the weight of a not guilty verdict, leading to public confusion and mistrust in the legal system.

The decision to remove this legal option reflects a broader trend towards reforming outdated practices in Scottish law. By simplifying the verdicts available to juries, the Scottish Parliament aims to enhance the clarity and effectiveness of the justice system. The change is expected to lead to more definitive outcomes in criminal cases, potentially fostering greater confidence in judicial processes.

Next Steps and Public Reaction

With the abolition of the not proven verdict now in effect, the focus shifts to the practical implications of this reform. Legal professionals, including prosecutors and defense attorneys, will need to adjust their strategies within the new framework. There is an expectation that this change will lead to a more straightforward jury deliberation process, where jurors will only have to decide between guilty and not guilty.

Public reaction to the removal of the not proven verdict has been mixed. Some advocacy groups support the change, arguing that it aligns with a more transparent and accountable justice system. Others, however, express concerns that the absence of a middle ground could lead to harsher outcomes for defendants in cases where evidence is circumstantial.

As Scotland embarks on this new chapter in its legal history, the impact of this decision will be closely monitored by legal experts and citizens alike. The move not only signifies a notable evolution in Scottish law but also highlights ongoing conversations about justice, accountability, and the rights of the accused.