Abolition of not proven verdict

30 Dec 2025 11:56 AM

The not proven verdict will be abolished in all new criminal trials in Scotland from 1 January 2026 to help create a clearer, fairer and more transparent decision-making process.

On the same date, the jury majority required for a conviction will move from the current simple majority to at least two-thirds of the 15 jurors. In addition, measures to enable more detailed research into jury deliberations will also be commenced.

Abolition of not proven and the associated jury reforms are key measures in the landmark Victims, Witnesses, and Justice Reform (Scotland)  Act, passed by the Parliament in September.

The Act will also make reforms to the Parole Board for Scotland including that the Board must take into account whether a prisoner has information about the disposal of a victim’s remains but has not disclosed it, and must consider the safety and security of any victim and/or family members as part of their decisions on release. These changes will be implemented through changes to the Parole Board Rules in 2026. 

The Scottish Government has already announced plans to commission, as a priority, research into how 'rape myths' – false, stereotyped and prejudicial beliefs about sexual assaults – may affect verdicts.

Justice Secretary Angela Constance said:

“Victims, families and support organisations campaigned long and hard for the abolition of the not proven verdict and I am pleased that this historic change will take effect for all new criminal trials from 1 January.

“Not proven is a widely misunderstood verdict and one with no statutory definition. I have heard compelling evidence about the devastating impact that the not proven verdict can have on complainers because of its lack of clarity or lack of closure for them, and it can leave a lingering stigma for the accused. Such a verdict risks undermining public confidence, while the two opposing verdicts of guilty and not guilty are unambiguous and clear.

“Moving from a simple majority to a two-thirds majority for a criminal conviction alongside the change to a two-verdict system is a proportionate and balanced reform that is mindful of the unique nature of the Scottish system. 

“The reforms to parole to be introduced in 2026 will bring a further positive change for victims and their families by strengthening in law further factors that the Parole Board must consider in their decision-making. We want to ensure the parole system works for all those involved, which is also why we recently led a public consultation to inform improvements and ensure the system is transparent, trauma-informed, and delivers for everyone.”

Background

The Victims, Witnesses, and Justice Reform (Scotland) Act 2025 received Royal Assent on 30 October 2025.

Other key reforms in the Act include:

• establishing a specialist Sexual Offences Court to enable complainers to give their best evidence while minimising the potential for re-traumatisation
• creating a new Victims and Witnesses Commissioner to champion the rights of victims and witnesses
• protecting the dignity of victims of sexual offences through an automatic lifelong right of anonymity
• providing an automatic right to independent legal representation for complainers in sexual offence cases when an application is made in court to lead evidence of the complainer’s sexual history or character
• extending the rights of victims to make statements to the court, setting out how the crime has impacted them physically, emotionally and financially.
• strengthening protection for victims through reforms to Non Harassment Orders and other protective orders
• creating a legal right for victims in rape and serious sexual offences cases to access transcripts of the court proceedings free of charge

The remaining measures in the Act will be implemented in phases, with Parliament updated as timescales are confirmed.

The consultation on parole closed in November, the Scottish Government will analyse responses and provide an update in the New Year. Parole Reform in Scotland