The Victims, Witnesses and Justice Reform (Scotland) Act 2025 is a landmark piece of legislation that has significant implications for the Scottish criminal justice system. The most important changes within this act include; abolishing the not proven verdict, the establishment of a two- thirds majority verdict rule, the establishment of a sexual offences court and embedding trauma informed practices.
This article considers how these reforms may reshape criminal justice practice in Scotland, particularly in relation to jury decision- making, sexual offence proceedings and the treatment of victims and witnesses.
Abolishing the not proven verdict
From January 2026, Scotland no longer has the “not proven” verdict in criminal trials. This marks a major shift away from the traditional three tier verdict system and is intended to make jury decision making clearer and easier to understand. Juries now choose between “guilty” and “not guilty “, with at least 10 of the 15 jurors required to agree on one verdict before an accused can be convicted. Previously, only a simple majority was required for any verdict. Whilst the Scottish government views this as a balanced reform, concerns remain that the higher majority threshold could make convictions more difficult to secure. A perceived disadvantage of the reform is therefore that, while it may give greater protection against wrongful conviction, it could also make it challenging for complainers to obtain justice in already difficult cases. It remains to be seen whether the new two- verdict system will improve clarity and public confidence in jury making decisions, or whether increased majority requirement will affect the conviction rate.
Sexual offences court
Part 7 of the Act provides for the establishment of a dedicated Sexual Offences Court, although this provision has not yet come into force. Under section 7 (1) of the act, the court will have jurisdiction to try cases of sexual offences. Judges appointed to this court and lawyers appearing before it, must have completed an approved trauma- informed practice training course which is approved by the Lord Justice General (the senior Scottish criminal judge).
Rape Crisis Scotland has welcomed the establishment of this court, referring to a specialist pilot adopted in New Zealand. The organisation believes the implementation of a specialised court will improve the experience of complainers giving evidence at trials. However, there are practical issues with the adoption of a specialised sexual offences court, particularly in terms of implementation. It is understood that there has been no additional funding made available to operationalise the provisions of this act due to the sizeable commitment of this project. In September 2026 in a question to the First Minister, MSP Liam Kerr noted that the sexual offences court will cost millions of pounds to implement. He claimed funding should instead be invested in trauma- informed practice in existing courts and in tackling the backlog of court cases. Furthermore, criminal proceedings may be affected by the adoption of a specialist sexual offences court, as not all serious cases would fall within its jurisdiction. This could create a perception of a two-tier justice system, with similar offences being heard in different courts depending on the charges involved.
Trauma informed practice
One of the primary purposes of the 2025 Act is to move towards a broader ‘trauma informed practice’. This is particularly important to create a justice system that is person- centred and compassionate towards complainers and witnesses.
Section 114 of the 2025 Act defines ‘trauma informed practice’ as an approach that recognises when a person may have experienced trauma and understanding how that trauma can affect a person, particularly when giving evidence. Trauma informed practice ensures that information is conveyed in ways that are alive to the impacts of trauma and that communication styles are adjusted accordingly.
The act also calls for a trauma- informed approach to be embedded into practice through specialist training for judges, solicitors and other criminal justice professionals. It is important to recognise that the training should not just be a ‘one off’ training course. Rather, legal professionals should have regular and updated training to help safeguard the experiences of complainers/ witnesses in court. The Scottish government believes that trauma- informed practice is vital to meet the needs of complainers in cases of sexual violence and to minimise the risk of re- traumatisation. However, whilst backing better support for vulnerable individuals, it is important that court room practices still safeguard the fundamental right to a fair trial and protect the integrity of the criminal justice system.
In summary, although some of these provisions are not yet still in force, these provisions significantly change the landscape of the criminal justice system. The notable changes such as abolishing the ‘not proven’ verdict and introducing a two- thirds jury majority for convictions. The Victims, Witness & Justice Reform (Scotland) Act 2025 also provides for a dedicated Sexual Offences Court, aimed at improving how sexual offence cases are managed, though concerns remain around its funding and implementation. A key focus on this act is embedding trauma- informed practice to better support victims and witnesses throughout the justice system. Overall, these reforms seek to improve clarity, fairness and compassion in the system while balancing the need to protect fair trials.
If you would like to discuss how this proposal may affect your organisation, please contact Neil Hay, Farah Khan or your usual Brodies contact.
Contributors
Trainee Solicitor
Partner
