MSPs back bill to abolish ‘not proven’ verdict in Scottish courts

On 17 September 2025, the Scottish Parliament passed The Victims, Witnesses, and Justice Reform Bill, which included a clause to abolish the ‘not proven’ verdict from Scotland’s court system. 

Unique to the Scottish legal system, the ‘not proven’ verdict comes into play when the prosecution cannot prove without an unreasonable doubt that the defendant is guilty typically due to lack of evidence. 

The bill was passed with support of the Scottish National Party (SNP), while the Scottish Conservatives and Scottish Labour voted against it. 

The SNP emphasised the reform was “victim focussed.” 

Scottish Justice Secretary Angela Constance stated: 

“This historic legislation will put victims and witnesses at the heart of a modern and fair justice system.” 

The SNP stance emphasised how many calls for removal of ‘not proven’ comes from a desire to give victims and their families closure for their respective cases while not intruding on a defendant’s rights.

The Scottish Conservatives voiced that their opposition was not to the removal of  the ‘not proven’ verdict, but instead to the SNPs’ blockage of their proposed amendments. 

Shadow Justice Secretary Liam Kerr stated:  “The Scottish Conservatives’ common-sense amendments would have given this legislation real teeth.”

Students at the University of Edinburgh expressed mixed views to The Student

One Scottish student relayed concern that the new bill may cause an increase in wrongful convictions. 

He said the reform “needs to be accompanied by proof that our justice system is effective enough to function without a ‘not proven’ option.” 

Another Scottish student supported the bill, saying: “A lot of Scots were confused between not proven and not guilty–this confusion could undermine a jury’s decision.” 

This bill and debates around it loom large with the upcoming Scottish Parliament elections. 

Courtroom One Gavel” by Joe Gratz is marked with CC0 1.0.