SCOTLAND’S unique “not proven” verdict will be consigned to the history books after MSPs voted to scrap it in legal reforms which have passed a Holyrood vote.
Juries will now also need to vote by at least a two-thirds majority (10 out of 15) in order to convict, rather than the simple majority (eight out of 15) which had been in place.
The most controversial proposal however, for cases of rape and attempted rape to be tried before a judge rather than by a jury, was dropped by the Scottish Government after an outcry from lawyers.
The SNP, Greens, and LibDems supported the remaining changes to the Scots legal system, which will come into force with the Victims, Witnesses and Justice Reform (Scotland) Bill.
Labour and the Conservatives opposed the bill. It was passed by 71 votes to 46, with one abstention.
Scottish Justice Secretary Angela Constance said the bill would make “fundamental and meaningful changes” to the system.
Victim Support Scotland (VSS), Scotland’s national charity supporting victims of crime, welcomed the passing of the reforms.
Kate Wallace, VSS chief executive, said it was “a momentous occasion for Scotland’s criminal justice system”.
“It marks a significant step towards creating a system that considers and prioritises the needs of people impacted by crime,” she went on.
“The breadth of this act reveals the extent of the changes that are needed to Scotland’s criminal justice system to make it truly considerate of the needs of victims, witnesses, and their families.
“We are heartened by the progress that has been made to make passing this act possible, and want to acknowledge the hard work and dedication of the campaigners that have lent their voices along the way.”
Like a not guilty verdict, the not proven verdict results in an accused person being acquitted, but with it being used “disproportionately” by juries in rape cases, campaigners against violence against women has been calling for it to be abolished.
The legislation will also create a new, independent Victims Commissioner and will expand the ability of those affected by crime to make victim impact statements in court.
The Parole Board will in future be required to consider if killers have provided information on the whereabouts of their victims’ remains when considering if they should be freed from prison – a move known as Suzanne’s Law after Suzanne Pilley, who was murdered in 2010 but whose killer has never revealed the location of her body.
Gail Fairgrieve, Suzanne Pilley's sister, said: "We have done everything possible to make this change to parole in memory of Arlene [Fraser] and Suzanne, and for other people who have lost their lives in such a horrific way. For our families, the passing of this act and the change to parole are momentous.
“I am very grateful to all the individuals who have helped make this happen. Victim Support are very much at the top of the list. Unfortunately, they don’t always get the credit they deserve, and many will not be aware that they are very much the leaders in making this happen.
"Along with politicians they have worked tirelessly to push for new legislation. It is important to mention them today as they have been a massive comfort and a guiding hand as we navigated our way through the complicated justice system.”
Labour MSP Pauline McNeill said the bill “deals with whole-scale reform of the criminal justice system, overturning years of established systems that fit together”.
She added: “The real test will be whether this bill in fact will be the transformative change for victims that the Government promises.”
