The not proven verdict will be abolished in all new criminal trials in Scotland from 1 January 2026, marking one of the most significant reforms to the justice system in modern times.
From the same date, the jury majority required for a conviction will increase from a simple majority to at least two thirds of the 15 jurors, alongside new measures allowing more detailed research into jury deliberations.
The changes form part of the landmark Victims, Witnesses, and Justice Reform (Scotland) Act, which was passed by the Scottish Parliament in September and is aimed at improving clarity, fairness and public confidence in criminal trials.
The Scottish Government has said the abolition of not proven will create a clearer two-verdict system of guilty or not guilty, removing a verdict that has long been criticised for being poorly understood and offering neither closure for complainers nor clarity for the accused.
Further reforms within the Act will also strengthen the role of victims within the parole system, with changes due to come into force in 2026.
Under new Parole Board rules, greater weight must be given to whether a prisoner has information about the disposal of a victim’s remains but has failed to disclose it, and decisions on release must more explicitly consider the safety and security of victims and their families.
The Scottish Government has also confirmed it will prioritise research into how rape myths, defined as false, stereotyped and prejudicial beliefs about sexual assault, may influence jury verdicts.
Justice Secretary Angela Constance 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.”
