Humza Yousaf

The UK’s largest ever mock jury study was commissioned by the Scottish government to inform the debate on reducing the jury size from 15 to 12, asking juries to reach a unanimous or near unanimous verdict, and abolishing the “not proven” verdict.

Commenting on the research, Justice Secretary Humza Yousaf said: “I am grateful to everyone who gave up their time for this major piece of research, which is just one part of our work to improve Scotland’s justice system for all.

“We will now engage with legal professionals and the wider public to consider all of the findings. We are organising events around the country and I am keen to hear from a wide range of people, especially those with personal experience of the criminal justice system.

“In particular, we will now engage in serious discussions on all of these findings including whether we should move to a two verdicts system. My mind is open and we will not pre-judge the outcome of those conversations.”

Gordon Jackson QC, Dean of the Faculty of Advocates, said: “This kind of research has never been undertaken before and it has produced some fascinating results which will need to be given careful consideration and very deep thought.

“All those involved in the work deserve to be commended. Many people will hope the research becomes the impetus for major changes in the way we operate our criminal justice system, but we must have the fullest consultation and hear as many views as possible before coming to any conclusions.”

Fiona Leverick, professor of criminal law and criminal justice at the University of Glasgow, said: “In shining a light on the ways in which jurors understand and use the not proven verdict, this study will help inform ongoing debates about this verdict. It also provides insight into areas where jurors may require additional support or guidance to avoid legal misunderstandings.”