Could Scrapping Not Proven Verdict Transform Scots Law?

The Scottish Parliament is poised to deliberate on significant reforms to the country's legal systems, notably the controversial removal of the 'not proven' verdict as part of the Victims, Witnesses and Justice Reform (Scotland) Bill. This bill aims to enhance protections for victims while ensuring that the rights of the accused are maintained. Key proposals include raising the bar for guilty verdicts in criminal trials and establishing a specialised court for sexual offences. The debate, which could extend late into the night, underscores the urgency and complexity of reforming Scotland's justice framework.

Last updated: 05 October 2023 (BST)

Key Takeaways

The Scottish Parliament is discussing the removal of the 'not proven' verdict.
Proposals include raising the threshold for guilty verdicts and creating a special sexual offences court.
More than 160 amendments have been proposed, reflecting a range of opinions on the bill.
The current conviction rate for rape is significantly lower than for other crimes, prompting calls for reform.
Justice Secretary Angela Constance supports various amendments aimed at improving victim protections.

The Context of the Reforms

Scotland's legal system has long been marked by its unique 'not proven' verdict, a remnant from the 17th Century that has sparked debate among legal professionals and the public alike. Unlike 'guilty' and 'not guilty', a 'not proven' verdict results in acquittal, yet it can leave lingering doubts about the accused's innocence, which critics argue may harm victims seeking closure. The Scottish Government's proposed reforms aim to address these concerns and improve the experience of victims within the justice system.

What's Included in the Reform Bill?

The Victims, Witnesses and Justice Reform (Scotland) Bill encompasses various proposals designed to modernise the legal landscape and provide better support for victims. Key components of the bill include:

Removal of the Not Proven Verdict: This proposal seeks to eliminate confusion surrounding the verdict, which critics argue fails to clear the name of the accused and stigmatises them.
Raising the Bar for Guilty Verdicts: The bill suggests increasing the requirement for a guilty verdict from a simple majority to a two-thirds majority, aiming to protect the rights of the accused.
Special Sexual Offences Court: This new court would focus on sexual offence cases, streamlining processes and providing trauma-informed support for victims.
Victims and Witnesses Commissioner: A new role to oversee the treatment of victims within the justice system, ensuring their rights and experiences are respected.

Debate and Amendments

The debate over the reform bill is expected to be extensive, with over 160 amendments tabled by MSPs. These amendments reflect a diverse range of views, indicating strong interest and concern regarding the proposed changes. Notably, the SNP's lack of a majority means that the bill's success may depend on support from opposition parties.

Opposition and Support

Despite broad agreement on certain aspects, such as the removal of the 'not proven' verdict, there are calls for more comprehensive reforms. Critics, including Scottish Conservatives leader Russell Findlay, argue that without significant changes, the bill may not lead to meaningful improvements in the justice system. Findlay has proposed amendments to ensure victims are informed about plea deals, which the government has supported to an extent.

Key Amendments Under Consideration

Several critical amendments have been proposed, including:

Non-Harassment Orders: An amendment to ensure courts always consider issuing non-harassment orders for victims of sexual offences and stalking.
Victims' Charter: A proposal to create a charter detailing victims' rights and expectations within the justice system.
Grooming Gangs Inquiry: An amendment calling for an inquiry into grooming gangs, which has not received government backing.
Impact Statements: Support for a proposal allowing victims to provide impact statements for sentencing considerations.

Impact on Victims and Legal Processes

The proposed reforms are largely aimed at improving the experiences of victims within the legal system. Current statistics highlight significant shortcomings: in the 2022-23 period, Police Scotland recorded 2,529 rapes and attempted rapes, yet only 372 cases reached the courts, resulting in a conviction rate of a mere 48%. This compares unfavourably to the over 80% conviction rate for other crimes, raising alarm over the handling of sexual offences.

Judicial Changes and Historical Context

In 2022, a significant judicial decision allowed distress shown by a complainer to be considered as evidence in rape cases, marking a pivotal shift in how such cases are prosecuted. This change aimed to raise the threshold for cases to proceed to trial, thereby improving the chances of convictions. However, the broader set of reforms proposed in the current bill could lead to even more substantial changes to Scotland's legal framework.

Looking Ahead: What Comes Next?

The Scottish Parliament's decision on the Victims, Witnesses and Justice Reform (Scotland) Bill is anticipated to have far-reaching implications. While the removal of the 'not proven' verdict may be a focal point, the overall success of the bill will depend on the extent to which it can balance the rights of victims with those of the accused. The coming days will be crucial as MSPs debate these amendments and prepare for a final vote.

FAQs

What is the 'not proven' verdict?

The 'not proven' verdict is a unique aspect of Scots law, alongside 'guilty' and 'not guilty'. It results in an acquittal but can leave doubts regarding the accused's innocence.

Why is the removal of the 'not proven' verdict controversial?

Critics argue that it can stigmatise the accused and confuse juries and the public. Supporters believe it offers additional protection to the accused in uncertain cases.

What changes does the Victims, Witnesses and Justice Reform Bill propose?

The bill proposes removing the 'not proven' verdict, raising the bar for guilty verdicts, creating a special sexual offences court, and establishing a victims and witnesses commissioner.

How many amendments have been proposed for the reform bill?

More than 160 amendments have been tabled, reflecting a wide range of opinions and concerns regarding the bill's provisions.

What is the current conviction rate for rape in Scotland?

The conviction rate for rape cases in Scotland is approximately 48%, significantly lower than the rate for other crimes, which exceeds 80%.

The ongoing debate surrounding the reform of Scotland's justice system has the potential to reshape how victims and the accused are treated in legal proceedings. As MSPs prepare for their discussions, the outcomes could lead to significant changes in the legal landscape. How these reforms will affect the future of justice in Scotland remains to be seen. #JusticeReform #Scotland #LegalSystem