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:
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:
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
0141 307 1064
On 17th November, the UK Supreme Court (UKSC) issued its decision in the conjoined appeals of Keir and Daly v His Majesty’s Advocate ([2025] UKSC 38).
Over recent years, the defence have been faced by an ever-restrictive regime whereby evidence and lines of inquiry have been dismissed as collateral or prohibited by the “rape shield” provisions. The UKSC’s decision provides the potential to revisit how cases with sexual allegations are conducted. In particular, the Court was concerned with whether this current practice was compatible with the accused’s right to a fair trial under Article 6 of the European Convention of Human Rights (ECHR).
Though the appeals were refused due to both accused being deemed to have received fair trials, in a judgment that is of considerable importance to Scottish practice, the UKSC held that the current approach of the High Court is liable to lead to unfairness and, as a result, will require modification.
In light of the concerns expressed by the Supreme Court, it will be for the Scottish Courts to reconsider their approach to sensitive evidence in criminal trials. And trial judges will likely have an enhanced role in considering whether the relevance and admissibility of any proposed evidence.
This could also have profound implications for cases currently being prepared for trial, trials currently in progress, and for those convicted of sexual offences, who may now take steps to appeal their convictions. At Levy & McRae we work tirelessly to ensure that we are at the forefront of legal developments to ensure that we consider all angles of such cases.
Our firm reaffirmed its standing as a leader in Scottish criminal law as two of our partners delivered presentations at the annual CLT Criminal Law Conference in Glasgow yesterday. This event brought together leading professionals to discuss key developments over the last 12 months in criminal law in Scotland.
Our Senior Partner, David McKie provided the conference with an overview on Countryside and Wildlife Laws, an area of Scots Law where he is a leading expert. His talk covered the Wildlife and Countryside Act and how that UK statute differs so markedly in Scotland from England; the Animal Health and Welfare (Scotland) Act and the extended powers of the Scottish SPCA; and firearms law which is very heavily regulated.
Neil Hay, Partner and Head of Private Crime had the privilege of hosting the conference, ensuring a structured and engaging platform for discussion and debate on criminal law issues. Neil also delivered a talk on “Dealing with Hearsay in Criminal Trials”, detailing what hearsay evidence is and why it is generally inadmissible, together with how to object to hearsay evidence. Neil also covered the common law and statutory exceptions to the hearsay rule and provided guidance on when hearsay can be used in criminal trials.
Both partners and other expert speakers addressed a wide range of pertinent topics, underscoring the ever-changing nature of Scottish criminal law and the complexities practitioners must navigate.
Levy & McRae remains dedicated to maintaining its position at the forefront of legal developments, ensuring that our clients benefit from sophisticated, informed representation. Our active participation in high-profile industry events such as this underscores our commitment to excellence, thought leadership, and the ongoing evolution of the Scottish legal sector.
We are delighted to welcome Laurelle Johnstone to our Criminal Law team. With experience in both prosecution and defence, Laurelle brings valuable insight and practical knowledge to our Department.
Laurelle initially gained criminal law experience as a defence solicitor in private practice, appearing in courts throughout Scotland. In the last four years Laurelle has served as a Procurator Fiscal Depute, prosecuting a vast amount of cases at both summary and solemn level. Through working with the solemn team, Laurelle has developed significant knowledge of the law in relation to sexual offence cases.
“We are very pleased to have Laurelle join our team,” said Neil Hay, Partner and Head of Private Crime. “Laurelle`s background in both prosecution and defence enhances our ability to serve our clients effectively.”
As our Criminal Law department continues to grow, we remain committed to building a team of highly skilled professionals who uphold our dedication to legal excellence.
We are proud to announce that Neil Hay, our Partner and Head of Private Crime has once again been featured in the prestigious 2025 Spear`s 500 Index, an annual listing by Spear`s Magazine that highlights the top lawyers in criminal and white-collar crime serving high net worth and ultra-high net worth clients. Neil`s full listing can be viewed here: Neil Hay Spear`s 500 Index listing.
This recognition follows upon the recent succes of the firm being named Crime Firm of the Year at the Legal 500 Scotland Awards.
Neil remains the only Scottish criminal lawyer to be included in this directory, solidifying his reputation for excellence and leadership in the field.
Commenting on the recognition, he said:
“It is a privilege to be recognised again for our work in criminal law, particularly in such a highly regarded directory. Our focus on providing strategic and discreet representation for high net worth individuals remains at the heart of everything we do, and it’s gratifying to see that commitment acknowledged.”
This achievement underscores our unwavering commitment to providing excellent legal representation to clients who require the utmost in skill, discretion, and strategic advice and representation.
By Neil Hay, Partner & Head of Private Crime, and Cameron Irons, Trainee Solicitor
The UK Government have shown recent determination to deliver a contemporary programme of wide-ranging reforms that are designed to tackle economic crime, improve the transparency and accountability of corporate entities and support national economic security. The Economic Crime & Corporate Transparency Act 2023 (‘the 2023 Act’) is a key piece of legislation associated with these reforms, which has important implications for large organisations.
The new offence
The offence of Failing to Prevent Fraud is committed by the organisation where an employee, agent, subsidiary or other associated person commits a fraud which is intended to benefit the organisation, and the organisation does not have reasonable fraud prevention measures in place. For the offence to be committed, it is not necessary for any of the directors or senior managers within the organisation to have known of the fraud.
The rationale behind creating such an offence is to broaden the scope of corporate criminal liability for organisations, and to increase the level of accountability in situations where employees or other associated persons are engaged in fraudulent activity that is potentially benefiting the organisation, or in certain circumstances, the clients of the organisation. As part of a wider corporate cultural shift, the new offence is designed to encourage more organisations to implement and enhance their own fraud prevention frameworks.
Which organisations does it apply to?
On 6 November 2024 the UK Home Office published guidance in relation to the criminal offence of Failure to Prevent Fraud under Section 199 of the 2023 Act. The offence applies to large, incorporated bodies such as companies and LLPs, as well as partnerships. It also applies to certain public bodies incorporated under Royal Charter. However, the offence can only be committed by “large organisations”. These are defined as organisations which meet two out of the following three criteria:
When does the offence come into force?
The offence comes into effect on 1 September 2025, which allows time for organisations to consider their current fraud prevention measures, to obtain specialist legal advice and to introduce further procedures if necessary.
What defences are there available?
If an organisation is investigated and subsequently prosecuted for the offence under Section 199 of the 2023 Act, it is a defence to the charge if the organisation can prove that at the time the fraud was committed “(a) reasonable fraud prevention measures were in place or (b) it was not reasonable in the circumstances to have prevention measures in place”.
If an organisation is prosecuted in court, the onus of proof falls upon the organisation to establish that it had in place appropriate procedures to prevent fraud, with the standard of proof being measured on the balance of probabilities.
What can we do to prepare?
Organisations will not only wish to pay particular regard to the activities of their employees but will also have to pay careful attention to arms-length individuals or entities in their organisations, including agents, subsidiaries and other associated persons. It is imperative for organisations to have comprehensive procedures in place so that in a scenario where they face criminal investigation or prosecution, they can demonstrate they have appropriate procedures in place to prevent fraud, or that none were necessary in the particular circumstances of the case.
How our specialist legal advice can help
If an organisation is facing criminal investigation and potential prosecution, a great deal of time and resources will be required to prepare a defence, and to mitigate the risks of reputational harm. Levy & McRae are well equipped to offer tailored guidance on the appropriate procedures required by organisations to demonstrate they have reasonable fraud prevention measures in place. We are also widely instructed in professional reputation management, which is often an essential service for corporate bodies during a criminal process. Any organisation facing investigation or prosecution should not hesitate in instructing specialist lawyers that can provide forensic advice, robust representation and a thorough defence. Levy & McRae have extensive experience in defending criminal charges and are well placed to support any organisation who require expertise in this area.
(This article does not constitute legal advice and is intended as general guidance only)
We were delighted to be awarded Crime Firm of the Year at the Legal 500 Scotland Awards, held last night in Edinburgh.
Neil Hay, Head of Private Crime and Partner said: “We are deeply honoured to receive the prestigious Legal 500 Criminal Law Firm of the Year. This is made all the more meaningful as it reflects the voices of our clients given the focus on client feedback.
“This recognition is a testament to the unwavering dedication, relentless hard work, and outstanding expertise of our team of dedicated lawyers and support staff.
“Every case we take is a commitment to achieving just outcomes and to the trust our clients place in us, and this award inspires us to continue setting the standard in criminal law excellence.”
A heartfelt thank you to our clients for your trust and to our outstanding team for your tireless efforts.
Our beloved former senior partner, the late Leonard Murray, features in the fascinating BBC documentary ‘Inside Barlinnie’ which was recently released and can be viewed on iplayer, link here: Inside Barlinnie . His contribution is in episode 3.
Len was the solicitor who defended Tony Miller, the last ever prisoner to be hanged in Scotland after a murder conviction. Len was a young lawyer at the time, but it is a case which he took with him to his grave. He often spoke of it and the first 3 chapters of his book ‘The Pleader’, cover the case in detail. These chapters and Len’s contribution to the programme not only give an incredible insight into the case, but clearly show the effect the case had on him. They are a reminder not only of the impact which cases had on Len (which made him the great and passionate advocate he was) but on solicitors generally.
Sadly, when the programme was still in production, Len passed away. His family asked David McKie, our current senior partner, to contribute by reading sections from the book and what the case meant to Len.
David McKie said: ‘I was very sad that I didn’t get to see Len reading his own first hand account from his excellent book. When his sons asked me to step in for their dad – my good friend and mentor, I was deeply honoured and humbled to do so. It took me back not only to the many hours I spent talking to Len about cases, to a time before I was born, albeit not that long ago in comparative terms, to a different era when absolutely everything was on the line for clients and their lawyers who carried their lives in their hands. As agents, we still carry enormous burdens of responsibility. This particular case reinforced not only Len’s deep passion for his work but the impact solicitors and advocates feel every day when representing clients, whether accused of serious crimes or in any situation where their liberty, reputation or financial standing is at stake.’
We are delighted to announce that our firm has been awarded impressive rankings in the latest Legal 500 2025 edition. This recognition is a testament to our dedication, hard work, and the outstanding expertise of our team.
We have been ranked this year for:
In criminal law we are now the only Tier One firm in Scotland. It is also particularly pleasing to see that in each of the three areas where we are ranked, we also achieve the ‘client satisfaction’ benchmark.
Our lawyers Senior Partner David McKie , Neil Hay, Callum Anderson, Andrew Seggie, Paul Anderson, Hannah Baxter, Elizabeth Rose, Nadine Montgomery Allam and Suzanne Williams were all named in the new rankings, which shows the breadth of talent that our firm possesses.
David McKie commented: ‘I would like to congratulate not only those named this week as recognised leaders in their field, but our whole team of highly skilled and committed lawyers who play a vital role in maintaining our high standards in all areas of litigation. I also want to mark the equally valued contribution of our property and private client teams who play a vital role in maintaining our high standards and reputation among our clients and the profession.’
We are incredibly proud of these achievements and grateful to our clients, partners, and colleagues for their continued support. These accolades drive us to keep delivering exceptional service and results for those who place their trust in us.”
We are delighted to share some exciting news with our clients, colleagues, and friends. Our law firm has been shortlisted in an impressive seven categories at the forthcoming Legal 500 Scotland Law Awards. This prestigious recognition underscores our commitment to excellence, dedication to our clients, and the hard work of our talented team.
Each nomination reflects our unwavering commitment to providing exceptional legal services and achieving the best possible outcomes for our clients.
We extend our heartfelt thanks to our clients, partners, and colleagues for their ongoing support and trust.
