It’s a New Year and we already have a seismic shift in Scottish legal practice.
On 1st January 2026, the Not Proven verdict (one of three possible verdicts in a Scottish criminal trial) has been abolished. This verdict was often used to emphasise the unique nature of the Scottish legal system. If we look at our nearest neighbours in England and Wales, Northern Ireland and the Republic of Ireland, the Not Proven verdict is strikingly absent. Judges and jurors in these neighbouring jurisdictions had a pretty stark choice: to determine whether the Accused was guilty or not guilty.
In Scotland, we had three possible verdicts – the not guilty and not proven verdicts being acquittal verdicts. In Scottish legal parlance, the Accused had tholed his or her assize (trial) and the Crown had failed to convince either a judge or a jury of their guilt. In other words, the standard of proof placed on the prosecutor i.e. to demonstrate guilt beyond reasonable doubt had not been satisfied.
A guilty verdict, of course, is self-explanatory: the prosecution has proved beyond reasonable doubt that the Accused has committed the crime(s).
How Scottish judges (in summary trials) and jurors (in solemn trials) will have the same choice as their counterparts in other parts of the British and Irish Isles.
This very important change came about as a result of the introduction of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 which was passed by the Scottish Parliament (as can be seen in the diagram below).
Angela Constance MSP, Justice Secretary in the Scottish Government commented on the change to the law:
“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.”
Source: New year brings justice reforms in Scotland by Public Sector Executive (2025)
Available at:
Interestingly, the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 also brings into force a major change for jury (solemn) trials in Scotland. It will now be a requirement for at least two thirds of the members of a Scottish jury in a criminal trial to find the Accused guilty. Previously, a simple majority (8 jurors out 15) could return a guilty verdict.
New Year, big changes for Scottish criminal procedure.
Copyright Sean J Crossan – 2 January 2026.
Seán Crossan's Scots Law 