The not proven verdict will be abolished in all new criminal
trials in Scotland from 1 January 2026 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 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.”
Background
The Victims, Witnesses, and Justice Reform (Scotland) Act 2025
received Royal Assent on 30 October 2025.
Other key reforms in the Act include:
• establishing a specialist Sexual Offences Court to enable
complainers to give their best evidence while minimising the
potential for re-traumatisation
• creating a new Victims and Witnesses Commissioner to
champion the rights of victims and witnesses
• protecting the dignity of victims of sexual offences
through an automatic lifelong right of anonymity
• providing an automatic right to independent legal
representation for complainers in sexual offence cases when an
application is made in court to lead evidence of the complainer's
sexual history or character
• extending the rights of victims to make statements to the
court, setting out how the crime has impacted them physically,
emotionally and financially.
• strengthening protection for victims through reforms to
Non Harassment Orders and other protective orders
• creating a legal right for victims in rape and serious
sexual offences cases to access transcripts of the court
proceedings free of charge
The remaining measures in the Act will be implemented in phases,
with Parliament updated as timescales are confirmed.
The consultation on parole closed in November, the Scottish
Government will analyse responses and provide an update in the
New Year. Parole Reform in Scotland
