Not proven verdict scrapped in landmark vote by MSPs

MSPs have backed a bill to make wholesale reforms to the criminal justice system, including getting rid of the not proven verdict.

The SNP, Greens and Lib Dems voted to pass the Victims, Witnesses, and Justice Reform Bill which will introduce a series of changes designed to improve the experience of the justice system for victims, particularly of sexual offences.

But the Scottish Conservatives nor Scottish Labour voted against the bill. The Tories claimed it did not go far enough to meet its stated aims, while Labour expressed concern that it would not deliver what it promised.

MSPs debated over 160 amendments to the bill on Tuesday, in a mammoth session that lasted into the evening. The final debate and vote took place on Wednesday.

Justice secretary Angela Constance described it as a “large and ambitious bill with the scope to make fundamental and meaningful changes”.

Measures include creating a specific sexual offences court, establishing a victims commissioner, and scrapping the not proven verdict.

Speaking in the debate, Constance said: “The reforms in the bill will implement a trauma informed justice system, and introduce lifelong anonymity and independent legal representation which will afford greater protection to sexual offence survivors. I cannot stress enough how essential the creation of a new national sexual offences court will be for improving survivors experience.”

Conservative justice spokesperson Liam Kerr spoke against the bill, arguing that while it contained “some welcome measures”, it “fails to do what it could have”.

Kerr said: “It could have launched an inquiry into grooming gangs in Scotland, to uncover the scale of the problem and prevent further victims of this vile crime. But it doesn’t.

“It could have extended the parole period from two years to three, giving victims both piece of mind and a respite from the revolving door of parole hearings. But it does not.

“It could have introduced a genuine Suzanne’s Law – no body, no release – but it does not. And instead, presiding officer, the headline reforms are deeply flawed.”

He argued the establishment of setting up a new court was “window dressing”, while the creation of a commissioner would add bureaucracy to the system. He also expressed concern about changes to jury sizes, which he warned would result in more miscarriages of justice and worse outcomes for victims.

Scottish Labour justice spokesperson Pauline McNeill criticised the lack of time given to MSPs to scrutinise the many amendments pushed through on Tuesday.

She said: “The real test will be whether this bill in fact will be the transformative change for victims that the government promises. But a lot of what we’ve heard so far is the government asking us to trust that we’ve got it right, but we don’t have any evidence that they do... I’m concerned that this legislation will not deliver the promises that it claims.”

Instead, she called on the government to fix the shortage of defence lawyers and ensure courts more broadly have enough staff to tackle the backlog of cases.

But the Greens and Lib Dems spoke in favour in the bill.

Green justice spokesperson Maggie Chapman said it “has the potential to transform how Scotland’s justice system treats those that have been harmed”. She said it “should have gone further”, such as providing more support for survivors of sexual assault, but argued this was the start and not end of reforms.

And Lib Dem Jamie Green said the bill would help fix a justice system which currently lacks victims' voices and causes “ended traumatisation”.

To those MSPs planning to vote against, he said: “But if you vote against this bill, you are voting against your own manifesto commitments. If you vote against this bill, you are voting against every positive change we made yesterday and you are ignoring the pleas from those whose voices matter most – victims themselves.”

71 MSPs voted for it while 46 voted against.

Reform's Graham Simpson and Alba's Ash Regan backed it. Independent MSP Fergus Ewing abstained.