The not proven verdict and related reforms consultation launched on 13 December 2021 and closed on 11 March 2022, fulfilling a key Programme for Government commitment.
As well as verdicts, due to the complex and interlinked nature of the jury system, the consultation also sought views on jury size, the majority required for conviction and the corroboration rule.
The consultation attracted a response from a broad range of stakeholders. There were 200 responses to the consultation. Of these, 21 were from organisations and 179 from individuals.
Key findings of the independent analysis of responses included:
The analysis of the responses received can be found here: The not proven verdict and related reforms: consultation analysis - gov.scot (www.gov.scot)
We would like to thank all who took the time to participate in the consultation process and contribute their views on these matters, particularly those who have shared their personal experience of the justice system.
An independent analysis of responses to the consultation was published on 12 July 2022 and is available at The not proven verdict and related reforms: consultation analysis - gov.scot (www.gov.scot) as are all non-confidential responses.
Informed by the strength of views offered in the consultation, the 2022-23 Programme for Government committed to introduce legislation to abolish the not proven verdict as part of a package of reforms to the criminal justice system.
In April 2023, the Victims, Witnesses, and Justice Reform (Scotland) Bill was introduced to the Scottish Parliament. The Bill proposes to:
The Bill also proposes transformative changes to the experience of victims, building on the recommendations from the Lord Justice Clerk, Lady Dorrian’s Review Group on improving the management of sexual offence cases.
Further information about the Victims, Witnesses, and Justice Reform (Scotland) Bill is available at:
www.gov.scot/publications/victims-witnesses-and-justice-reform-bill-factsheet
An independent analysis of the responses to the consultation is available at The not proven verdict and related reforms: Consultation Analysis - gov.scot (www.gov.scot)
View submitted responses where consent has been given to publish the response.
This consultation seeks views on the three verdict system in Scottish criminal trials and, if the not proven verdict were to be abolished, whether any accompanying reforms would be necessary to other aspects of the Scottish criminal justice system including jury size, majority required for verdict and the corroboration rule.
The views gathered will inform what, if any, reforms will be taken forward.
After publication of the Scottish Jury Research in October 2019, the Scottish Government held engagement events involving stakeholders across the country from a range of sectors to hear their views on the implications of the jury research findings, if these reflected their own experiences of the criminal justice system and whether they were in favour of potential criminal justice reforms.
The discussions highlighted the complexity of the issues and the lack of agreement about next steps. This consultation will provide an opportunity for those interested to set out their detailed views on these matters and for the views of a wider range of people to be considered, as well as allowing us to understand the considered view of various key organisations.
Ministers recognise the strong case that can be made for the abolition of the not proven verdict but also understand that there are many who have principled and informed objections to the abolition of the not proven verdict or highlight the complex impact that moving to two verdicts could have on the wider Scottish criminal justice system. It is hoped the consultation will capture the views of a broad range of stakeholders including legal professionals, the third sector and those with lived experience of the system to inform any potential next steps for the three verdict system and any associated reforms that may be required.
Following the closing date, all responses will be analysed and considered along with any other relevant evidence. Responses will be published where we have been given permission to do so and an analysis report will also be made available. A final report will also be published to report on what decisions have been made taking account of the views expressed in the consultation.
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