New laws alter Scotland's justice system
Scotland's criminal justice system faces risks after MSPs approved significant reforms, sparking concerns about miscarriages of justice
The Law Society of Scotland has raised alarms regarding the future of the criminal justice system following the Scottish Parliament's recent approval of the Victims, Witnesses, and Justice Reform (Scotland) Bill. A final vote this afternoon saw 71 MSPs in favour, 46 against, and one abstention, paving the way for the bill to receive Royal Assent before its implementation. The legislation introduces sweeping changes, including the removal of the "Not Proven" verdict, a requirement for a two-thirds majority of jury members to secure a conviction, the establishment of a new dedicated sexual offences court, automatic lifelong anonymity for victims of sexual offences, and the creation of a Victims and Witnesses Commissioner for Scotland.
Stuart Munro, Convener of the Law Society’s Criminal Law Committee, expressed his discontent by stating “We are disappointed our serious concerns are not reflected in the final legislation approved by MSPs, and apprehensive for the increased potential for miscarriages of justice as a result of changes not backed by research or experience elsewhere.” He further elaborated on the risks associated with the new measures, noting “The fundamental purpose of any criminal justice system is to convict the guilty and acquit the innocent. We’re moving from a system with a proven track record of achieving that outcome to one which is entirely untested and does not exist in any equivalent legal system anywhere in the world.”
Munro also highlighted the disparity in jury conviction standards, saying “Every legal system with a two-verdict system requires a unanimous or near unanimous jury to convict, whereas Scotland will now have a system where a person can be convicted despite five members of the jury having significant doubts about their guilt.” Despite these reservations, he acknowledged support for other vital components of the legislation, including the introduction of a Victims and Witnesses Commissioner and lifelong anonymity for victims of sexual offences.