‘Not proven’ was previously available to juries as a verdict resulting in acquittal — identical in effect to a verdict of ‘not guilty’.

The abolition of the controversial verdict and associated jury reforms are key measures in the landmark Victims, Witnesses, and Justice Reform (Scotland) Act, passed by the Scottish Parliament in September, our sister publication Scottish Legal News reports.

The jury majority required for a conviction has now changed from a simple majority to at least two-thirds of the 15 jurors. In addition, measures to enable more detailed research into jury deliberations have also been commenced.

The Scottish government has already announced plans to commission research into how ‘rape myths’ may affect verdicts.

Scottish justice secretary Angela Constance said: “Victims, families and support organisations campaigned long and hard for the abolition of the ‘not proven’ verdict and I am pleased that this historic change will take effect for all new criminal trials from 1 January.

“’Not proven’ is a widely misunderstood verdict and one with no statutory definition.

“I have heard compelling evidence about the devastating impact that the ‘not proven’ verdict can have on complainers because of its lack of clarity or lack of closure for them, and it can leave a lingering stigma for the accused.

“Such a verdict risks undermining public confidence, while the two opposing verdicts of ‘guilty’ and ‘not guilty’ are unambiguous and clear.

“Moving from a simple majority to a two-thirds majority for a criminal conviction alongside the change to a two-verdict system is a proportionate and balanced reform that is mindful of the unique nature of the Scottish system.”