Scotland’s legal landscape is on the brink of a historic transformation as the Scottish Parliament prepares to vote on the Victims, Witnesses and Justice Reform (Scotland) Bill—a sweeping legislative package that, among other major reforms, will abolish the nation’s centuries-old “not proven” verdict. The move, scheduled for a final vote at Holyrood on Wednesday, September 17, 2025, marks the end of a uniquely Scottish legal tradition and signals a new era for victims, accused persons, and the wider justice system.
The not proven verdict, a legal peculiarity dating back to the 17th century, has long existed alongside “guilty” and “not guilty” as one of three possible outcomes in Scottish criminal trials. Like “not guilty,” a “not proven” verdict results in the acquittal of the accused. Yet, as reported by BBC News, there is no clear legal distinction between the two, and the not proven option has been described as “widely misunderstood.” Justice Secretary Angela Constance, who is guiding the bill through parliament, argued that the verdict “traumatises” victims and leaves a “lingering stigma on the accused.”
According to The Scotsman, the bill’s passage is all but certain after the Scottish Greens pledged their support, despite the Scottish National Party (SNP) lacking a majority in parliament. The reforms have sparked heated debate, with opposition parties both supporting and challenging various elements of the legislation. The bill has already undergone rigorous scrutiny, with MSPs debating late into the night and considering more than 160 amendments—ranging from court transcript access to parole reforms and plea deal notifications.
The not proven verdict has been a subject of controversy for decades. Some defenders claim it offers an extra safeguard against wrongful convictions by giving jurors a middle ground when evidence is inconclusive. Critics, however, say it confuses juries and the public, fails to provide closure for victims, and can unjustly stigmatize the acquitted. A 2019 study cited by BBC News found that eliminating the not proven verdict could lead more jurors to opt for a guilty verdict in closely contested cases, and also highlighted the inconsistent understanding of what not proven actually means.
“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,” Constance told MSPs during the bill’s debate. Her words underscore the government’s ambition to overhaul the justice system, not just tinker around the edges.
But the bill does much more than retire an old verdict. It raises the bar for convictions by increasing the threshold for a guilty verdict from a simple majority (8 out of 15 jurors) to a two-thirds majority (10 out of 15 jurors). This change, as reported by BBC News and The Herald, aims to address concerns from defense lawyers that removing not proven could make it easier to convict. At the same time, prosecutors fear the higher threshold could make convictions harder to secure.
Another headline reform is the creation of a specialist sexual offences court, designed to fast-track sensitive cases and ensure that judges and legal staff receive trauma-informed training. The government hopes this will spare victims from lengthy judicial backlogs and improve their experience in the justice system. However, some, like Scottish Labour MSP Pauline McNeill, remain unconvinced, arguing that ministers have not provided “concrete” evidence that the new court would actually reduce delays.
The bill also introduces a raft of measures aimed at strengthening the rights and protections of victims and witnesses. These include:
- An automatic lifelong right to anonymity for victims of sexual offences and certain other crimes.
- Independent legal representation for complainers in sexual offence cases when defense lawyers seek to use evidence relating to their sexual history or character.
- Reforms to the Victim Notification Scheme, ensuring victims are better informed about the release of offenders from jail.
- Provisions for vulnerable witnesses to give evidence via video link or from behind a screen.
- Requirements for courts to always consider non-harassment orders in sexual offence, stalking, and intimate image cases.
- Establishment of a victims’ charter, setting out victims’ rights and expectations in the justice system.
- Automatic provision of free court transcripts for victims of rape and serious sexual assault, making permanent a pilot scheme lobbied for by survivors like Hannah Stakes and Ellie Wilson.
Notably, the bill includes “Suzanne’s Law,” named after Edinburgh woman Suzanne Pilley, requiring the parole board to consider whether a murderer has disclosed the location of their victim’s remains when considering parole. While a stricter “no body, no release” amendment failed to pass, the adopted version ensures that failure to disclose will be weighed in parole decisions.
Debate over the bill was lively and, at times, contentious. A Conservative proposal to mandate research into grooming gangs in Scotland was defeated, despite arguments that Scotland risks “falling behind England in tackling child sexual abuse,” as Conservative justice spokesperson Liam Kerr put it. Justice Secretary Constance countered that ongoing work by Police Scotland and the National Child Sexual Abuse and Exploitation Strategic Group made the amendment unnecessary.
Other successful amendments, as reported by The Scotsman, include giving victims the right to be informed when a case is dropped and expanding the opportunity for victims to make impact statements to inform sentencing. Liberal Democrat MSP Jamie Greene, who tabled several of these amendments, emphasized the importance of not letting “political games” hinder the passage of the bill, stating, “By backing these amendments, MSPs have shown that we are serious about the rights, protections and access to information that we owe victims.”
While the SNP government does not have a parliamentary majority, the bill’s broad support from the Greens and Liberal Democrats means it is expected to pass comfortably in Wednesday’s vote. Once approved, it will require royal assent to become law. Implementation timelines for some reforms, such as the specialist sexual offences court and the victims and witnesses commissioner, remain uncertain, as training and infrastructure will need to be put in place first.
For many, this moment represents the culmination of years of campaigning for a justice system that better serves victims and survivors while maintaining fairness for the accused. As Scotland prepares to bid farewell to the not proven verdict and usher in a host of victim-centered reforms, the nation’s legal system stands on the threshold of profound change—one that will be watched closely both within Scotland and beyond.
