Bill to abolish ‘not proven’ and pilot juryless trials introduced

Angela Constance

The Victims, Witnesses and Justice Reform (Scotland) Bill will require justice agencies to “make efforts to reduce re-traumatisation of victims and witnesses and will address long-standing challenges in the justice system’s approach to serious sexual offences”.

Significant reforms proposed in the bill include abolishing the ‘not proven’ verdict in all criminal trials to help “create a clearer, fairer and more transparent decision-making process”.

It will also reduce juror numbers from 15 to 12 and increase the jury majority required for conviction to at least two-thirds – to “ensure fairness, balance and promote confidence that verdicts are decided on a sound and rational basis”.

If passed by Parliament, the bill would also establish an independent victims and witnesses commissioner for Scotland to “champion the rights of victims and witnesses”.

The bill also includes new measures to “meet the needs’ of complainers in sexual offence cases by:

• “protecting the dignity of victims” through an automatic lifelong right of anonymity for complainers in sexual offence cases
• establishing a specialist sexual offences court with national jurisdiction “to enable complainers to give their best evidence” while minimising the potential for re-traumatisation
  providing an automatic right to state-funded independent legal representation for complainers when applications are made to lead evidence of their sexual history or bad character in sexual offence cases
• enabling a pilot of single judge trials for cases of rape and attempted rape to take place to gather evidence on their effectiveness

Justice Secretary Angela Constance said: “This bill will put victims and witnesses at the heart of the justice system. It is testament to the efforts of many campaigners who have worked to ensure that the processes of justice better serve victims, witnesses and vulnerable parties.

“This landmark legislation is among the most significant since devolution and will ensure fairness is cemented into the bedrock of Scotland’s modern-day justice system. Building on the experiences of survivors, victims, and their families, these key reforms will make justice services more sensitive to the trauma it can cause.

“This government has been clear we must take action to improve the experience of those who suffer sexual abuse. The majority are women, who must be supported to have trust and confidence that the processes of justice will serve their needs, allow them to give their best evidence and support them in their recovery.

“By creating an independent commissioner for Scotland to champion the rights of victims and witnesses we can ensure that they are treated with compassion and their voices are heard.”

David McKie, senior partner of Levy & McRae solicitors, said: “The ‘not proven’ verdict has been a vital cornerstone of the Scottish justice system for centuries. It is grounded in ensuring a fundamental pillar of the trial process – that the Crown proves its case beyond reasonable doubt.

“I see no reason to abolish the verdict and am concerned at what appears a further erosion of the rights of an accused person in this country. A judge or a jury is perfectly capable of understanding the distinction in each case and to reach a verdict based on the unique circumstances they face. I am not convinced this will do anything to help victims or complainers at all.”