Scotland’s ‘not confirmed’ verdict to be scrapped as justice system reforms revealed

The invoice to scrap Scotland’s controversial “not proven” verdict and make adjustments to the nation’s justice system has been revealed.

The Victims, Witnesses and Justice Reform (Scotland) Bill additionally proposes to scale back the scale of felony juries from 15 to 12.

It goals to deal with a lot of points round severe sexual offences, creating a brand new specialist sexual offences courtroom.

Ministers can even have the ability to hold out a pilot of rape trials being performed by a single choose and not using a jury.

For jury trials, the bulk wanted for a responsible verdict shall be a minimum of two-thirds.

Guilty, not responsible and never confirmed are three verdicts which could be returned in Scotland.

Last yr, then first minister Nicola Sturgeon dedicated to abolishing the third verdict within the Scottish authorized system.

The not confirmed verdict is exclusive to Scots legislation and there’s no equal in different jurisdictions.

It is seen as controversial as a result of the accused is deemed harmless within the eyes of the legislation however faces the stigma of getting not been utterly cleared.

Critics have additionally argued that the decision fails to supply closure for victims.

Justice Secretary Angela Constance mentioned: “This landmark legislation is among the most significant since devolution and will ensure fairness is cemented into the bedrock of Scotland’s modern-day justice system.

“Building on the experiences of survivors, victims and their households, these key reforms will make justice providers extra delicate to the trauma it might probably trigger.

“This government has been clear we must take action to improve the experience of those who suffer sexual abuse.

“The majority are girls, who have to be supported to have belief and confidence that the processes of justice will serve their wants, permit them to offer their finest proof and help them of their restoration.”

She also hailed the creation of a new independent commissioner for victims and witnesses.

‘The largest justice shakeup in Scotland in tons of of years’

This is the most important shakeup of Scotland’s totally devolved authorized system in tons of of years.

Scottish juries have been in a position to ship a “not proven” verdict for generations. This invoice from Humza Yousaf’s Edinburgh administration scraps that.

The third possibility, designed to supply higher safety to the accused, has been controversial with campaigners who counsel it may be complicated – whereas defence legal professionals declare it might probably stigmatise their shoppers by showing to not clear them of guilt.

The recommendations of scrapping not confirmed has been swirling round for years and nonetheless requires parliamentary approval. But the SNP and Green majority makes it a foregone conclusion.

Perhaps the most important and most contested change in generations is the potential removing of a jury in rape trials, which might see judges changing the position of the general public in figuring out if somebody dedicated the crime or not.

The Scottish authorities insist it can assist victims, however opponents consider it can create a two-tier system of justice – with different High Court trials corresponding to homicide and medicines remaining untouched.

Campaigners really feel this can be a victory for survivors however there’ll, little question, be teething issues which may very well be problematic with individuals’s lives and futures at stake.

Read extra:
‘Not confirmed’ verdict wants evaluation to spice up low rape conviction charges, Nicola Sturgeon says
Outrage after man spared jail for assault on 13-year-old schoolgirl
Serial rapist who made victims put on canine masks and collars is jailed

Earlier, the chief government of Rape Crisis Scotland welcomed plans to scrap the not confirmed verdict, saying she had “no doubt that guilty men are walking free”.

Sandy Brindley mentioned the adjustments had been a “really positive development”.

However, advocate Thomas Ross KC took the other view, saying jurors must be trusted to hold out the job they’ve been given.

He informed Good Morning Scotland: “I work with prosecutors every day, I don’t hear them saying that they’re concerned about the conviction rate.

“I hear it each time Sandy’s invited to come back on one among these programmes.”

Previously, the Law Society has warned there may very well be a rise in miscarriages of justice if not confirmed is scrapped as a verdict.

Content Source: information.sky.com