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.
We’re delighted to announce that the Law Society of Scotland has awarded our Solicitor Nadine Montgomery Allam Trauma Awareness Certification.
For Nadine, whose landmark Supreme Court case reshaped the legal definition of informed consent in the UK, this certification formalises a commitment that has always been central to her work: delivering legal care that recognises the emotional impact of medical harm.
At Levy & McRae and L&M MediLaw, we’re building a trauma-informed practice, where:
🔹 Clients are treated with dignity, not legal jargon
🔹 Staff are trained to listen as well as act
🔹 We create space for safe, client-led conversations
Learn more about our approach and Nadine’s certification: Why Trauma Awareness Matters in Medical Negligence Law
We’re heading to Chicago!
Our Senior Partner David McKie is thrilled to be attending the Legal Netlink Alliance Global Meeting this June 18–21, 2025 — and this year’s gathering promises to be something truly special.
We’ve been proud members of LNA for 25 years, and over that time we’ve had the pleasure of closely collaborating with many member firms across the globe.
David McKie said “I am looking forward to representing the firm at the conference later this month to discuss and compare common issues which face the legal profession across the globe. This event takes place 25 years since the first conference L&M attended and we look forward to celebrating our continued collaboration with our LNA partners at the home of one of the founder members.”
LNA has been more than just a network to us — it’s been a community that brings together incredible legal minds from around the world. Whether it’s through knowledge sharing, cross-border referrals, thought leadership, or friendships built through in-person meetings, the value we get from this alliance is immeasurable.
The Global Meeting is one of the highlights of our calendar — and this year, it’s happening in Chicago, hosted by Aronberg Goldgehn, one of LNA’s founding firms. We’re looking forward to thought-provoking discussions, reconnecting with colleagues, meeting new faces, and shaping the future of legal practice together.
We are delighted for Cameron Irons, our second year trainee, on his recent appointments to the Criminal Law and Public Policy Committees of the Law Society of Scotland.
Both committees are important advisory groups that represent the interests of the Scottish solicitor profession, as well as helping to shape public policy, parliamentary legislation and the overarching governance of our professional regulators.
Although Cameron is relatively new to legal practice, he brings a wealth of unique experiences to these influential roles, including his work as a Board Director of Citizens Advice Bureau and his representational role within the Royal Faculty of Procurators in Glasgow.
David McKie, Senior Partner, said “We are confident that Cameron will excel in advocating for the interests of fellow junior lawyers and use these opportunities to advance the important work of our Law Society.”
The firm is delighted to announce the appointment of Malcolm Cannon as our new COO.
Malcolm joins the firm with a wealth of experience in both industry and in the legal sector.
A former CEO of major Scottish businesses, industry representative bodies and legal businesses, Malcolm brings his vast expertise working both in the public and private sectors.
His previous legal roles have included McLay Murray & Spens, ESPC and Simpson and Marwick.
David McKie, senior partner of the firm said “We are absolutely delighted to welcome Malcolm to the firm. His experience and skills in multiple sectors will enhance the holistic and innovative approach we have always taken to the business. He will help maintain and renew our focus as we enter new territories in the law with the advancement of digital technologies and flexible working arrangements.”
Malcolm Cannon said “I am absolutely thrilled to be joining such an innovative and forward-thinking firm. I was struck by the energy and enthusiasm of the firm, which is clear from its diverse and high profile practice areas. I look forward to working with L&M’s committed and driven team to maintain and enhance their reputation as one of the leading niche practices in Scotland.”
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.
A Fantastic Start to Our 2025 CPD Seminar Series
A huge thank you to everyone who attended our first CPD seminar on 27th February. We were pleased to welcome guests from several prominent law firms including Brodies LLP, Harper Macleod LLP, Family Law Matters Scotland LLP,Fleming and Reid Solicitors, JustRight Scotland, Beltrami and Company, all eager to learn, engage in insightful discussions and expand their professional networks.
The evening featured expert speaker presentations from our Partner and Head of Private Crime Neil Hay and Consultant Kirsty Yuill on Domestic Abuse from a Criminal and Civil Law Perspective, with a focus on explaining the policies and legislation available to protect complainers and victims of domestic abuse in both the criminal and family courts.
The presentations were followed by a lively Q&A session where attendees explored the application and effectiveness of current laws, as well as potential future reforms.
One of our attendees provided this feedback: “Both presentations were excellent”.
After the seminar, guests enjoyed an evening of drinks, canapés, and networking, making valuable connections within the legal community.
This event was the first in our 2025 CPD series. Details of our next CPD seminar will be published soon, as we continue to provide opportunities for legal professionals to learn and connect.
We are proud to announce our sponsorship of the Moorland & Wildlife Management Conference 2025. The conference will take place on Wednesday, May 7, at Scone Racecourse.
Senior partner, David McKie, will deliver the headline sponsor keynote address at the conference. David is a renowned expert in Wildlife and Rural law.
The Moorland & Wildlife Management Conference is an unmissable event for anyone with an interest in the management of moorland and wildlife in Scotland. The conference will feature a range of expert speakers alongside David, including Jim Fairlie MSP, Minister for Rural Affairs and the Natural Environment; Dee Ward, Chairman of the Scottish Land & Estates; and Ross Ewing, Conference Chair.
With expert insights on wildlife management, legislative updates, and the future of our moorlands, this is an unmissable event for landowners, gamekeepers, deer stalkers & rural professionals.
The firm is delighted to sponsor this event and to support and serve this community with our sector leading legal expertise.
For more information about the conference, please visit the Scottish Land & Estates website.
Levy & McRae is pleased to announce a series of CPD and networking seminars taking place throughout 2025. These exclusive events will feature expert speakers from our firm, covering key current legal topics that are essential for legal professionals to stay ahead in their practice.
Our CPD seminars provide an excellent opportunity to enhance your legal expertise, gain valuable CPD hours, and engage in meaningful networking with peers from across the legal profession. These sessions are open to lawyers from all firms.
First Seminar: 27th February 2025
We invite you to join us for the inaugural seminar in our 2025 CPD series, which will take place on Thursday, 27th February 2025 at our Head Office in Glasgow. Details are:
Title: Domestic Abuse from a criminal and civil law perspective; what are the protections available to complainers and victims?
Domestic abuse cases are prevalent in both the criminal civil courts. Many lawyers will be familiar with the types of issues experienced by victims and complainers in criminal and civil proceedings. The seminar will explain the policies and legislation available protect complainers and victims in both the criminal and family courts. There will also be an opportunity to put questions to our experts.
Speakers: Head of Private Crime, Partner Neil Hay and Consultant Kirsty Yuill
Venue: Levy & McRae Glasgow office, 6th Floor, Pacific House, 70 Wellington Street,Glasgow, G2 6UA
The event schedule is as follows:
5:30 PM – Guest arrival and registration
5:45 PM – 6:45 PM – CPD talk delivered by expert speakers from our firm, with a Q&A session in the final 15 minutes
6:45 PM – 7:30 PM – Complimentary drinks, canapés, and networking
This session will be held in person only, ensuring an engaging and interactive experience for attendees.
Register Your Interest
Spaces are limited, so we encourage you to register your interest early to secure your place at this first event. Further details on upcoming seminars and topics will be announced in due course.
We look forward to welcoming you to an insightful and rewarding evening of professional development and networking.
To register, please email Michelle McKinnon – MMckinnon@lemac.co.uk
