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Not proven verdict set to be scrapped from Scots courtrooms as MSPs debate ahead of landmark vote

By Chris McCall,Paul Hutcheon

Copyright dailyrecord

Not proven verdict set to be scrapped from Scots courtrooms as MSPs debate ahead of landmark vote

Scotland’s controversial not proven verdict will be scrapped tomorrow when MSPs finally vote on long-awaited reforms to the justice system. The backing of Green MSPs will ensure a bill protecting victims becomes law after a mammoth debate in the Scottish Parliament which started today, with 160 amendments to be debated. Jurors are currently able to find an accused either guilty or not guilty, or that the case against them is not proven. The so-called third verdict has been blasted by family members of victims and abolishing it is the centrepiece of the SNP Government Bill. A study published in 2019 found removing the not proven verdict might incline more jurors towards a guilty verdict in finely balanced trials. It also highlighted inconsistent views on the meaning of not proven and how it differed from not guilty. The Bill also sets out other reforms like requiring at least two thirds of jurors to support a conviction before someone can be found guilty. Other elements include creating an independent Victims Commissioner and establishing a specialist sexual offences court. Another change requires the Parole Board to consider if killers have provided information on their victims’ remains before releasing them from prison. The plan was drawn up in the wake of the murder of Suzanne Pilley, whose killer never revealed the location of her body. A slew of amendments are being debated at Holyrood on Tuesday and the SNP needs the cooperation of one other party for the bill to be pushed through. Green support means abolition of the not proven verdict will become a reality. Party MSP Maggie Chapman said: “This bill is the start of a shift in how our justice system works for victims and survivors of and witnesses to crime. “Scotland is the only country in the world with the confusing ‘not proven’ verdict alongside ‘guilty’ and ‘not guilty’. Victims, survivors, witnesses and defendants have said that such a verdict does not feel like justice to them. It is long past time to end not proven and is a necessary step for a clearer, more humane and modern justice system. “We fully support the abolition of the not proven verdict, and we welcome the creation of a Victims and Witnesses Commissioner. “There are lots of other good things in the bill that will bring Scotland’s justice system into the 21st century, to offer compassion and lasting support for those who are affected by crime in our country. It is the start of the transformations we need to see to ensure our justice system delivers for everyone.” SNP Justice Secretary Angela Constance said that if the “landmark Bill” is passed it will “transform the experiences of victims and witnesses within Scotland’s justice system”. She said the changes will mean that “victims will be heard, supported, protected and treated with compassion” while at the same time the rights of the accused “will continue to be safeguarded”. She said: “Key reforms include abolishing Scotland’s historic not proven verdict for a clearer, fairer and more transparent decision-making process. “There will also be wholesale reform to the management of sexual offence cases as we know these victims in particular, who are mostly women and girls, can be re-traumatised by the current system.” “This legislation was shaped by the voices of victims, survivors and their families who have campaigned long and hard for further change.” To sign up to the Daily R ecord Politics newsletter, click here