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Not proven.. never again

Daily Record

|

September 18, 2025

VICTIMS' families left in limbo for decades under Scotland's not proven verdict have told of their relief after watching it get the axe.

- SALLY HIND

The father of Amanda Duffywho saw the man accused of murdering his daughter, 19, walk free more than 30 years ago - was in the Scottish Parliament to witness the moment it was scrapped after three decades of campaigning MSPs voted through the justice reform Bill, rubber-stamping the axing of the verdict, meaning jurors will no longer have three options at criminal trials.

Scotland was alone in the world in finding a defendant guilty, not guilty, or not proven.

But victims had long described not proven as a "get-out" for juries, letting the guilty go: free.

Amanda's dad Joe told the Record: "I'm absolutely delighted for everybody involved in the criminal justice process, but especially for ourselves as we campaigned for so long, "Did I ever see it happening?

I was hoping it would happen my lifetime. Thankfully I've got there.

Hopefully it helps other people." Not proven finally came to an end under the Victims, Witnesses and Justice Reform Bill, which cleared its final hurdle at Holyrood thanks to support from SNP, Green and Lib Dem MSPs.

Labour and the Tories voted against, claiming it did not go far enough to support victims.

Not proven dates back to the 17th century. There is no specific definition of the verdict, or its difference from not guilty, but the legal implications are the same -the accused is acquitted and is innocent in the eyes of the law.

A 2019 study found removing not proven might incline more jurors towards a guilty verdict but the SNP government won support for abolition after a consultation found most wanted it axed.

Parliament met on Tuesday for final debates on amendments to the Bill before a final vote yesterday, which will now see it become law.

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