Significant reforms to the structure of criminal verdicts and jury decision‑making will come into force in Scotland on 1 January 2026, marking one of the most consequential procedural changes in the modern era of Scots criminal law. These reforms arise from the Victims, Witnesses, and Justice Reform (Scotland) Act 2025, and represent the first stage of its implementation.
End of the Not Proven Verdict
From 1 January 2026, Scottish juries will no longer have the option of returning a not proven verdict. Only guilty and not guilty will remain available. This change applies to:
- Solemn proceedings (Sheriff and jury) in which the indictment has not yet been read to the jury by 1 January 2026; and
- Summary proceedings (Sheriff only) where the first witness has not yet been sworn by that date.
The removal of not proven represents the culmination of years of public debate about the verdict’s fairness, clarity and effect. Many have argued that not proven often created confusion for complainers, accused persons, and the public. Supporters maintained it provided a valuable safeguard against wrongful conviction in borderline cases. The statutory abolition reflects a policy decision to simplify jury outcomes and align Scottish verdict structures more closely with those in other jurisdictions.
New Two‑Thirds Jury Majority Requirement
Alongside the verdict reform, the threshold for establishing guilt will change. There are 15 members of a jury, whereas in England there are 12. Currently, Scotland allows a simple majority of jurors to convict in solemn cases (8 out 12 jurors). From 01 January 2026, a two‑thirds majority will be required for a guilty verdict. This means that in a 15‑person jury, at least 10 jurors must support guilt before a conviction is possible.
As with the abolition of not proven, this new rule applies only to cases where the indictment has not yet been read to the jury before the implementation date.
This represents a significant shift in Scottish criminal procedure. The higher majority seeks to counterbalance the simplified verdict structure, ensuring that removing not proven does not lower the overall threshold required to convict. The impact of these reforms very much remains to be seen.
A Phased Implementation of Wider Reforms
While the verdict and majority changes are the first provisions to take effect under the 2025 Act, further reforms, some of which will have a profound impact on practice in sensitive and complex cases, will follow later. These include:
- The introduction of independent legal representation (ILR) for complainers at certain procedural stages of sexual offence cases, and
- The establishment of a specialist Sexual Offences Court.
Both reforms will require new rules of court and accompanying developments in legal aid regulation, meaning their commencement is some distance away.
The Practical Implications
For criminal defence solicitors, the Crown, and the Judiciary, the 2026 reforms will require careful adjustment in case strategy, trial preparation and client advice. Key implications include:
Case Preparation and Evidential Assessment
With not proven no longer an intermediate option, trial strategies may shift. Defence teams lose a long‑standing mechanism through which juries or sheriffs could express residual doubt without fully exonerating. Prosecutors may need to assess evidential sufficiency and jury persuasion in the context of a higher conviction threshold.
Jury Dynamics and Deliberations
Requiring a two‑thirds majority increases the importance of secure, coherent and comprehensible evidential presentation. It also alters the dynamics of jury deliberation, likely making consensus‑building more demanding.
Managing Client Expectations
Both accused persons and complainers often struggle with the meaning of not proven. Although the reform simplifies messaging, practitioners must be prepared to explain the new rules, particularly in legacy cases straddling the implementation date.
Transitional Complexity
Because the applicability of the reforms depends on procedural stage, indictment reading for solemn cases, first witness for summary trials, careful attention to timelines will be essential in advising clients and planning litigation.
The abolition of the not proven verdict and the introduction of a two‑thirds majority requirement represent landmark changes in Scottish criminal justice. Effective from 1 January 2026, they signal the Scottish Government’s intention to modernise jury procedure and reshape the balance between simplicity, fairness and evidential robustness.
With further reforms on the horizon, Scotland’s criminal justice landscape will continue evolving. Criminal practitioners should familiarise themselves with the forthcoming rules and review ongoing cases to determine how the transitional provisions may apply.
If you have any questions or concerns about navigating the complexities of the criminal justice process, including the new reforms to the law, we recommend you seek specialist advice at the earliest opportunity, be you a complainer in a criminal case or someone who is facing prosecution.
Levy & McRae Solicitors are Scotland’s foremost criminal defence practice, best known for providing discreet, specialist representation to high profile and high net worth individuals, regulated professionals, police officers and corporate bodies. For over 140 years the firm have taken great pride in delivering a boutique service, litigating some of the most complex and consequential cases in Scottish legal history. Over several decades we have also developed expertise in particularly niche areas, including financial crime, corporate and regulatory investigations, firearm-related offences, health and safety law and wildlife crime.
To get in touch with our team please contact 0141 307 2311 or email us on info@lemac.co.uk
Cameron Irons
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