Not Proven Abolished: What It Means for Rape Trials in Scotland

Since 1 January 2026, Scottish juries can no longer return a verdict of "not proven". The change, made by the Victims, Witnesses, and Justice Reform (Scotland) Act 2025, is a major reform of Scottish criminal trials, and it matters most in cases where the verdict often turned on one person's word against another's, including rape and sexual assault trials.

What Has Changed?

Juries in Scotland used to have three verdicts available: guilty, not guilty and not proven. Not proven was an acquittal, with the same legal effect as not guilty. Under the 2025 Act, a jury must now return a verdict of either guilty or not guilty on each charge. The same two-verdict system now applies in summary cases decided by a sheriff or justice of the peace.

A Larger Majority Is Now Needed to Convict

The reform also changed how many jurors must agree before an accused person can be convicted. A Scottish criminal jury still has 15 members, and a guilty verdict now requires:

• at least 10 jurors, where the jury has 14 or 15 members
• at least 9 jurors, where the jury has 13 members
• at least 8 jurors, where the jury has 12 members

If that majority is not reached, the jury must return a verdict of not guilty. A trial can continue with fewer than 15 jurors, for example if a juror is discharged, but only if at least 12 remain and the court is satisfied that it is in the interests of justice to proceed.

Which Trials Are Affected?

The new rules apply to trials that began on or after 1 January 2026. In a jury trial, the trial begins when the jury is sworn. Trials that had already started before that date continued under the old three-verdict system.

What Does This Mean for People Accused of Sexual Offences?

Many sexual offence trials depend on questions of credibility and reliability, and the evidence often comes down largely to two people's accounts. The removal of not proven, together with the higher majority required for a guilty verdict, changes the dynamics of these trials for both the Crown and the defence.

The other rules of Scots criminal evidence still apply. The Crown must still prove its case beyond reasonable doubt, corroboration is still required, and evidence about a complainer's sexual history or character is still restricted unless the court grants a section 275 application.

What has not changed is the importance of thorough preparation. How the evidence is investigated, tested and presented to the jury matters as much as ever.

Speak to Our Sexual Offence Solicitors

If you have been accused of a sexual offence, or think you may be under investigation, speak to a solicitor before you speak to the police. Beltrami & Company defends sexual offence allegations across Scotland, from police interview to trial in the High Court. Call us in confidence on 0141 890 5555 or contact us online.