Criminal verdict of "not proven" in Scotland abolished, marking a significant change in legal proceedings.
In a significant move, the Scottish Parliament has abolished the unique criminal justice verdict system that allowed jurors to find someone guilty, not guilty, or not proven. The change, part of the Victims, Witnesses and Justice Reform Bill, removes the not proven verdict from the law books.
The decision has been met with mixed reactions. While supporters argue that the change will put victims at the heart of the criminal justice system, particularly those of sexual offenses, critics have expressed concerns about potential delays in the legal system and the lack of promised resources to address these delays.
One of the most vocal advocates for the abolition of the not proven verdict is Joe Duffy, a campaigner who fought for 33 years following the murder of his daughter Amanda. Duffy has expressed his delight for the Bill's passing.
The new legislation also introduces a number of other changes. For instance, the requirement for a simple majority of jurors to find an accused guilty has been changed to a need for a two-thirds majority. The Bill also creates a legal right for victims in rape and serious sexual offenses cases to access transcripts of the court proceedings free of charge.
Another significant change is the introduction of a new sexual offenses court, so rape cases will no longer be heard in the High Court. This change, however, has been met with criticism from Scottish Labour's justice spokesperson, Pauline McNeill, who has expressed concerns about its effectiveness.
The Bill also introduces 'trauma-informed practice' across the system to avoid victims being re-traumatized by the legal process. It provides an automatic right to independent legal representation for complainers in sexual offense cases if an application is made to lead evidence of the complainer's sexual history or character.
The legislation improves the Victim Notification Scheme and establishes an independent Victims and Witnesses Commissioner for Scotland. One of the changes requested by the Scottish Conservatives is for the new Commissioner to have the power to initiate an inquiry into grooming gangs in Scotland.
However, the Scottish Conservatives have criticized the Bill as 'a Victims' Bill in name only'. Liam Kerr, Justice spokesman for the Scottish Conservatives, has listed several key changes they wanted to see in the Bill but were dismissed by SNP MSPs. One of these changes is the implementation of 'Suzanne's Law' to ensure no parole for convicted criminals if they have committed sexual offenses.
The Bill was passed by 71 votes to 46 with one abstention, with SNP, Liberal Democrat, and Scottish Green MSPs supporting the Bill, while Labour and Conservative MSPs voted against. Despite the controversy, the changes mark a significant shift in Scotland's criminal justice system, with a renewed focus on the rights and needs of victims.
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