The Northern Ledger

Amplifying Northern Voices Since 2018

Scotland scraps 'not proven', sets Sexual Offences Court

“Investigations, prosecutions and court business are to be done in a trauma‑informed way.” With Royal Assent granted on 30 October 2025, Scotland’s Victims, Witnesses, and Justice Reform Act turns that promise into law and delivers the biggest overhaul of the system in a generation.

The headline change is simple and stark: juries will return only guilty or not guilty. The ‘not proven’ verdict is abolished once the relevant sections are commenced. Majority thresholds are set in statute-10 of 14 or 15 jurors, 9 of 13, or 8 of 12-with trials able to continue if numbers drop no lower than 12. Jurors who need help to communicate can be supported throughout, including during deliberations.

A new nationwide Sexual Offences Court will sit anywhere in Scotland to try indictable sexual offences. Judges, prosecutors and defence lawyers appearing there must complete trauma‑informed training. Accused people are barred from personally conducting their defence when a witness is giving evidence; if necessary, the court will appoint and retain a solicitor to act.

For complainers in sexual offence cases, the default is earlier evidence. Judges will hold ‘ground rules’ hearings, and courts can take testimony before trial by commissioner, admit prior recorded evidence, or use a complainer’s prior statement as evidence‑in‑chief. The aim is to reduce re‑traumatisation while preserving fairness.

The Act creates lifetime automatic anonymity for victims of specified sexual offences. Limited routes exist to lift reporting restrictions-for example where a child consents and a sheriff is satisfied, or following certain convictions for perverting justice-but the starting point is protection that endures for life.

A new, independent Victims and Witnesses Commissioner for Scotland is established to “promote and support the rights and interests of victims and witnesses”. The Commissioner can investigate systemic issues, require information from criminal justice bodies, publish reports to Parliament, and must produce a Victims’ Charter within 12 months.

Victims’ information rights are widened. Prosecutors must tell victims about significant plea decisions and when cases are not going ahead. Victims, or a designated person if a victim has died or is incapable, can receive updates and make representations on release or temporary release. Children’s cases are handled with extra safeguards about who is told and how.

Parole decisions face new tests. The Parole Board must consider non‑disclosure where a victim’s remains have not been recovered, and assess the likely impact of release on victims’ safety. Ministers and governors must also consider exclusion‑zone licence conditions where a release could risk victims or families.

Protective measures now travel better across the Border. Breaching a “relevant UK order”-such as an English restraining order or stalking protection order-can be prosecuted in Scotland, subject to the maximum penalty that would apply where the order was made. For families living and working between Dumfries and Carlisle, or Berwick and the Borders, that clarity matters.

Jury research-long a closed shop-is cautiously opened. With permission from the Lord Justice General, researchers may study solemn jury deliberations. Ministers must publish findings and responses, keeping public debate about juries grounded in evidence rather than myth.

Trauma‑informed practice is defined in law and embedded across the justice estate-from court rules and judicial leadership to fatal accident inquiries. That means adapting processes to avoid re‑traumatisation and to help people participate effectively, without sacrificing the interests of justice.

Support routes are tidied up. Police Scotland must publish guidance on referral to victim support services, and people can opt for referral or choose to contact providers directly. In solemn cases, the right to make a victim statement is broadened beyond a limited set of offences.

The timetable is staged. Royal Assent landed on 30 October 2025; some administrative provisions start immediately, while most changes-including the ‘not proven’ abolition and the Sexual Offences Court-will commence in phases by ministerial regulations. The Commissioner must deliver a strategic plan every three years and report annually.

Two reviews are baked in. Within two years, ministers must review what information victims get about fixed‑penalty decisions. Over five years, the Government must review how the Act works and report on any changes to corroboration law, plus wider measures taken to improve victims’ experiences. For Northern readers working cross‑Border, the message is clear: Scotland is moving early and decisively-plan now for joint training, data‑sharing and case‑handling that respects the new rules.

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