THE abolition of “that bastard verdict, not proven”, as Sir Walter Scott called it, will be a change of “truly historic significance in Scotland,” Nicola Sturgeon has said.
The First Minister said ending the controversial form of acquittal open to juries should “improve access to justice for victims of crime”.
The move is contained in a proposed new Criminal Justice Bill, which will also put the anonymity of complainers in sexual offence cases on a firmer, statutory footing.
The Government launched a consultation on reforming Scotland’s ancient three-verdict jury system, in which not proven and not guilty both count as acquittals, late last year.
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Research found some jurors were confused about not proven – which is returned to an unusually high degree in sexual offence trials – while people acquitted under it felt stigmatised, as if they were not genuinely believed.
Although most consultation responses backed abolishing not proven and having a simple guilty or not guilty system, many lawyers remain in favour of keeping it.
The Law Society of Scotland has warned ending the three-verdict system is “irresponsible” and could lead to more miscarriages of justice.
However the move has enough support at Holyrood to become law.
Sandy Brindley, chief executive of Rape Crisis Scotland, said: “Alongside Miss M, a rape survivor who successfully sued her rapist following a not proven verdict in the criminal courts, we have campaigned for the last four years to remove this verdict. It is used disproportionately in rape trials and we have serious concerns that it contributes to guilty men walking free.
“Research has shown the not proven verdict is poorly understood by juries, who are given no explanation about what it means or how it is different from the not guilty verdict. It is an anomaly and it is time for it to go.
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“In Scotland, rape has the lowest conviction rate of any crime type, and urgent action is needed to address the significant barriers to justice facing rape survivors.
“Removing the not proven verdict, alongside other legal reform such as the introduction of specialist sexual offence courts, could make a real and lasting difference to people in Scotland seeking justice after rape.”
Tory MSP Jamie Greene added: “Scottish Conservatives have been demanding the abolition of this outdated not proven verdict for a considerable time. Getting rid of not proven is just one step the SNP Government must take to rebalance our justice system in favour of victims of crime rather than criminals.”
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