Scotland's not proven verdict abolished in all new 2026 trials from New Year's Day

Scotland’s not proven verdict has been abolished in all new criminal trials in Scotland from New Year’s Day.

The Scottish Government said the move will help create a clearer, fairer, and more transparent decision-making process.

From January 1, the jury majority required for a conviction will also change, moving from the current simple majority to at least two-thirds of the 15 jurors.

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

MSPs voted to back the measures as part of the “landmark” Bill back in September.

The Victims, Witnesses, and Justice Reform legislation passed with 71 to 46 votes and one abstention, introducing a series of measures to reform the justice system in Scotland.

Juries in Scotland currently have three verdicts available when considering evidence after a trial. They can find an accused person either guilty, not guilty, or that the case against them is not proven.

Like not guilty, the not proven verdict results in an accused person being acquitted. The verdict is used “disproportionately” in rape cases.

Under the new law, the third option has been abolished, and it will require a two-thirds majority of jurors to support a conviction instead of the current simple majority.

“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 January 1,” Scottish justice secretary Angela Constance said ahead of the changes.

“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.”

Constance added: “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 new legislation will also create a new, independent Victims Commissioner and expand the ability of those affected by crime to make victim impact statements in court.

A specialist sexual offences court will also be established under the legislation, which will give victims of such offences a lifelong right to anonymity.

The bill will also force the Parole Board to consider if killers have provided information on the whereabouts of their victims’ remains when considering if they should be freed from prison.

Constance said the reforms to parole will be introduced in 2026, and will bring a further positive change for victims and their families.

“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,” she said.

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