HOLYROOD has voted to scrap the centuries-old “not proven” verdict in Scottish courts, in new legislation aimed at boosting conviction rates in crimes of sexual violence.

The move to scrap the third verdict, which only exists in Scotland, is the flagship measure in the wide-ranging Victims, Witnesses and Justice Reform (Scotland) Bill which will create an independent victims commissioner, the creation of a specialist sexual offences court, and means convictions will now need the support of two-thirds of jurors, rather than a simple majority.

The “not proven” had long been noted to be used “disproportionately” in rape cases, leading to campaigners against violence against women calling for its abolition, and Victim Support Scotland arguing its scrapping would bring “clarity of decision-making for juries, ensuring that verdicts are understood by all.”

Calling for all parties to unite behind the proposals, SNP Justice Secretary Angela Constance said: “Key reforms include abolishing Scotland’s historic not proven verdict for a clearer, fairer and more transparent decision-making process.

“There will also be wholesale reform to the management of sexual offence cases as we know these victims in particular, who are mostly women and girls, can be retraumatised by the current system.”

The Bill also received support from the Scottish Greens.

However, the Scottish Conservatives argued that “common-sense changes” were needed for them to back the Bill — which they have claimed is a “a Victims’ Bill in name only.”

While the Tories refused to back the Bill, branding it a wasted opportunity, Labour also refused support, with socialist MSP Katy Clark warning it may have “unintended consequences and disappoint victims” with more delays as the new courts are set up.

Referring to the many last-minute changes to the Bill which did not go before committee, Ms Clark added: “It’s unclear how the changes on jury size, jury majority and the impact that the abolition of the not proven verdict will have on conviction rates.

“This Bill was far too large… inevitably, much of the scrutiny focused on proposals which have now been removed from the Bill and too many parts received little or no scrutiny. 

“Regrettably, we are unable to support the government.”

The Bill passed by 71 votes to 46, with one abstention.