Introduction
Scotland is one of the only few countries with a “not proven” verdict. On 17 September 2025, the “not proven” verdict was abolished through the Victims, Witnesses, and Justice Reform (Scotland) Bill. This decision arose after the “not proven” verdict faced significant criticism from campaigns and individuals due to its confusing nature in classifying a suspect as either “guilty” or “not guilty”. This marks a major reform to the country’s legal system as this verdict has been part of the Scottish jurisdiction for over 400 years.
The Issues with the Verdict
The approach itself was highly controversial as it allowed juries to declare someone as “guilty”, “not guilty” and “not proven” to be guilty. The use of three verdicts was very confusing and often left people without adequate representation. For example in 2013, a rape victim in Scotland, known as Miss M, took her rapist, Stephen Coxen to court to receive justice. The court however found him “not proven” of rape, leading to a problematic verdict because it left the victim without justice and the rapist without any accountability. “Not proven” is undoubtedly a poor verdict, especially in sexual assault cases as it may lead to lower conviction rates and an absence of accountability against perpetrators. Furthermore, the “not proven” verdict has additional consequences for the accused. The label paints a picture, depicting them as legally acquitted but not fully innocent which can cause substantial damage to one's career, reputation, and relationships.
Impact on the Legal Industry
Lawyers play a crucial role in ensuring that people receive the justice they deserve. Since the “not proven” verdict has been abolished, lawyers will now have to change their litigation strategies. This means that criminal defence lawyers can no longer aim for the “not proven” verdict as a strategy. For prosecutors, cases must be presented with stronger evidence and arguments. In some instances, a few people may be held criminally liable but believe that this verdict is not suitable. This could potentially lead to an increase in civil litigation, particularly in claims for compensation. Firms will have to hire lawyers with expertise in specialist courts to navigate these new changes. Overall, the removal of this verdict will have a significant impact on the legal field due to its long-standing presence within the Scottish jurisdiction.
Upcoming Changes
In the wake of the three-verdict controversy, the Scottish legal system will now only have two verdicts left – “guilty” and “not guilty”. The removal of the ambiguous “not proven” verdict means perpetrators will now be held fully accountable for their actions and victims will receive their due justice. The complicated nature of “not proven” has led to many campaigns pushing for its removal. Scottish National Party Justice Secretary, Angela Constance stated that these new changes will bring about “fundamental and meaningful changes”. These new changes will be implemented through the Bill, which led to the abolishment of the “not proven” verdict.
There will also be a new Sexual Offences Court, meaning rape cases will no longer be held in the High Court. A notably important change as numerous sexual assault cases have previously been concluded as “not proven”, resulting in an unclear answer. The establishment of a new court will also allow victims to receive more support and for their cases to be handled with a higher degree of sensitivity and care. Creating a specialist court will also ensure that jurors are provided with more expertise and guidance in making their decisions, and therefore lead to a reduction in wrongful acquittals.