Friday January 2nd 2026
Photo by Tingey Injury Law Firm (Unsplash)
Written by Midlothian View Reporter, Liam Eunson
The not proven verdict was abolished in all new criminal trials in Scotland from yesterday (1 January) 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.”
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