SNP will scrap ‘confusing’ not proven verdict vows Yousaf
SCOTLAND’S controversial not proven verdict could be scrapped, the Justice Secretary has confirmed.
Humza Yousaf yesterday announced the SNP is the latest party to promise changes to the unique verdict.
It follows similar pledges by the Scottish Conservatives and Labour.
In a major campaign speech, Mr Yousaf said if re-elected, the SNP will consult on the removal of the not proven verdict after evidence suggested it caused ‘significant distress’ for victims of crime.
He also set out a series of new victim-centred approaches to the legal system, such as the creation of a victims’ commissioner and the adoption of a Scandinavian model for children involved in justice processes.
Last night, the Scottish Tories hit out at the SNP, accusing it of ‘empty promises’ and ‘inaction’ on reforming the criminal justice service over the past 14 years.
The not proven verdict is the second form of acquittal alongside not guilty.
The Scottish Conservatives last week said that scrapping it would be part of their election offering, with the Greens and Scottish
‘Strong case has been made for abolition’
Labour also in favour of such a move. The First Minister has agreed that it should be ‘looked at’.
Research previously found jurors can be confused by having not proven and not guilty as possible options.
Mr Yousaf said: ‘Scotland has a unique system with three verdicts, guilt, not guilty and not proven.
‘The research made it clear that the not proven verdict can cause confusion for many jurors. We have heard from both victims of crime and those accused of crimes that a not proven verdict can cause confusion for many jurors.
‘We have heard from both victims of crime and those accused of crimes that a not proven verdict causes significant distress.
‘In recognition of the strong case that has been made for its abolition, we will consult on the removal of the not proven verdict.’
Mr Yousaf added: ‘We will work with all parties and with relevant stakeholders to take forward reform of Scotland’s justice system. The SNP Government is on your side and on the side of our communities.
‘We will use all our experience to do whatever we can to keep Scotland safe, and continue to cut crime and help victims.’
Scottish Conservative justice spokesman Liam Kerr pointed to a promise to create ‘Michelle’s Law’, named after 17-year-old Michelle Stewart, who was murdered in 2008, giving families a greater say over prison release arrangements.
He said: ‘The SNP’s record of empty promises and inaction on putting victims first speaks for itself. Humza Yousaf had to cherrypick statistics on violent crime because for the last five years, it’s been rising under the SNP.
‘He promised “concrete” action on Michelle’s Law but the Stewart family say that hasn’t happened. He can’t gloss over the SNP’s failings with some half-hearted words.
‘Only after pressure from the Scottish Tories are the SNP considering a U-turn on the not proven verdict, which statistics show has a disproportionate impact on victims of sexual assault. The only time the SNP recognise soft-touch justice is in an election campaign.
‘They’ve let victims of crime down time and time again.’
Under SNP plans, a victims’ commissioner will be created to ‘challenge’ the Government and legal authorities on behalf of victims. Mr Yousaf said: ‘The commissioner will provide an independent voice to victims and witnesses, and review the provision of victims’ services.
‘Where necessary, they will pro vide challenge to the Government and those right across the justice system if there are steps we need to take to improve a victim’s justice journey.’
The SNP has also looked to Scandinavia, with the creation of what it calls the ‘Bairn’s Hoose’ acilities. These would act as a single point of contact for children involved in the criminal justice system.
Mr Yousaf said: ‘These centres will operate on the principle that the needs of children in criminal cases are totally different from adults in the same situation. The child will be the centre of their work and we’ll ensure every child, victim or witness, will have access to a Bairn’s Hoose by 2025.’
Law Society of Scotland president Amanda Millar said: ‘Any change to the verdicts in a criminal trial must be consistent with the principles of the Scottish criminal justice system that recognise the presumption of innocence, maintain the rights of all those involved and minimises the risk of a miscarriage of justice.’
‘A record of empty promises’