The Scottish Government has set out a new justice reform bill, which currently includes scrapping the Scottish verdict of “not proven”, which many have proposed as the reason for lower-than-average convictions for rape and sexual assault cases in the country. While First Minister Humza Yousaf had supported the change as justice secretary, initial proposals stalled as the Scottish government was unwilling to address strong opposition from those within the legal profession, who oppose it on safeguarding grounds.
The abolition of the “not proven” verdict has been a central part of the Scottish Conservative’s approach towards reforming the justice system, most recently being a major part of their 2021 election campaign. Shadow Justice Secretary Jamie Greene, working with victims of crime, has proved vital in holding the Government accountable in proposing this change. Mr Greene said of the proposed bill:
“There are long overdue measures in this bill we can support, including the abolition of the not proven verdict, which the Scottish Conservatives have long called for, and anonymity for sexual offence victims”.
However, he expressed disappointment that:
“These measures still fail to give victims a voice during the parole hearing process… This is a missed opportunity, a Victims Bill in name only. The Scottish Conservatives will fight to strengthen it and make it a law that truly puts victims at the heart of our justice system”.
The current commitment from the Scottish Government to abolish the not proven verdict, as part of their 2021 manifesto, is a welcome development. This position may have been less likely without the Scottish Conservatives holding the government accountable on this issue. As the bill moves through Parliament, the Bill should be properly scrutinised, to ensure that the justice system puts victims of rape and sexual assault first, and ensures their safety and dignity during trials.