Elise, Amina and Emma participated in the WS Society Summer Scholars programme during July 2026. This article summarises their research and presentation.
Introduction
The Victims, Witnesses, and Justice Reform (Scotland) Act 2025 is a landmark piece of legislation that overhauls the Scottish criminal justice system. The Act's primary aim is to improve the experience of vulnerable victims and witnesses.
The Act contains several notable reforms including:
Embedding ‘trauma-informed practice’ across the justice system;
Creating a new specialist Sexual Offences Court;
Establishing a Victims and Witnesses Commissioner;
Introducing complainer anonymity;
Abolishing of the ‘not proven’ verdict; and
Changing the majority jury figure required for conviction.
Several of these reforms have proved highly controversial, with the legislation undergoing extensive scrutiny in the Scottish Parliament, where 160 amendments were considered at Stage 3 of the Bill.
The Act is only partially in force as of June 2026, with the remaining provisions to be commenced in stages. Key reforms, including the abolition of the not proven verdict and the introduction of the new two-thirds jury majority requirement, came into effect from the 1st of January 2026. Consequently, the practical impact of these reforms on victims, witnesses, and the wider criminal justice system has yet to be fully assessed.
Trauma-informed practice
One of the primary purposes of the 2025 Act is to move toward broader ‘trauma-informed practice’.
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 that person, particularly when giving evidence. It involves adapting and implementing processes and practices to minimise the risk of re-traumatisation and adverse effects on recovery, whilst supporting the person’s effective engagement in proceedings.
The trauma-informed approach is intended to be implemented through a range of measures, including the introduction of new special measures under sections 101-103. In particular, section 101 permits an existing video recording or written record of a witness’s evidence from previous proceedings to be admitted as evidence in subsequent proceedings. Thus, removing the need for the witness to give evidence in person. Beyond these legislative reforms, the trauma-informed approach is also being embedded into practice through specialist training for judges, solicitors, and other criminal justice professionals.
The introduction of ‘trauma-informed practice’ has been broadly welcomed, particularly by the Scottish Women’s Convention (SWC), who view this as a positive step toward building increased trust within the justice system. The SWC emphasises the need for comprehensive training in trauma-informed practice across all public services. It advocates a collaborative approach involving organisations such as Police Scotland to ensure that victims receive consistent support from the point of initial engagement.
Rape Crisis Scotland recognises the benefit of ‘trauma-informed practice’ but express concerns in relation to its practicalities. In particular, they stress that trauma-informed practice should not be reduced to a one-off training course for professionals. Instead, the focus should be on embedding a wider trauma-informed ethos across the justice system. This ethos should reflect the guiding principles identified by the Scottish Government in its Victims, Witnesses, and Justice Reform (Scotland) Bill Factsheet (2023):
“Choice, collaboration, trust, empowerment, and safety.”
Only by embedding these principles in everyday practice can the reform facilitate meaningful change for victims.
Specialist Sexual Offences Court
Part 7 of the Act provides for the establishment of a dedicated Sexual Offences Court, though these provisions have not yet entered into force. Under section 71(1), the court will have jurisdiction to try sexual offences. Where an indictment includes at least one sexual offence, the court may also try every offence on that indictment (section 71(2)). In addition, judges appointed to the Sexual Offences Court must have completed an approved trauma-informed practice training course before taking office (section 72(1)(b)). Part 7 of the Act provides for the establishment of a dedicated Sexual Offences Court, though these provisions have not yet entered into force. Under section 71(1), the court will have jurisdiction to try sexual offences. Where an indictment includes at least one sexual offence, the court may also try every offence on that indictment (section 71(2)). In addition, judges appointed to the Sexual Offences Court must have completed an approved trauma-informed practice training course before taking office (section 72(1)(b)).
Rape Crisis Scotland has welcomed the creation of the specialist court, arguing that it has the potential to improve the experiences of survivors of sexual violence, many of whom have expressed dissatisfaction with the existing court process.
“At the court…it’s as if you’re invisible, or you don’t matter.”
In support of this position, Rape Crisis Scotland points to the successful operation of a comparable specialist court in New Zealand, where dedicated judges and the increased use of special measures have contributed to a more trauma-informed approach to hearing evidence.
In contrast, the Law Society of Scotland has criticised the establishment of the specialist Sexual Offences Court as a matter of principle. It argues that creating a specialist court risks causing unnecessary complexity in the judicial system; and has expressed concerns about the potential impact on the efficiency and administration of criminal proceedings.In contrast, the Law Society of Scotland has criticised the establishment of the specialist Sexual Offences Court as a matter of principle. It argues that creating a specialist court risks causing unnecessary complexity in the judicial system; and has expressed concerns about the potential impact on the efficiency and administration of criminal proceedings.
Victims and Witnesses Commissioner
Furthermore, Part 1 of the Act establishes the office of the Victims and Witnesses Commissioner. Although the office has been created in law, no commissioner has been appointed as of June 2026. Furthermore, Part 1 of the Act establishes the office of the Victims and Witnesses Commissioner. Although the office has been created in law, no commissioner has been appointed as of June 2026.
The Commissioner is intended to:
Provide an independent voice for victims and witnesses;
Promote awareness of victims’ rights;
Monitor compliance with statutory standards;
Encourage trauma-informed practice; and
Undertake research aimed at improving the operation of the justice system.
The creation of the office follows several years of policy development. In its 2021 report, Victim Support Scotland argued that an independent Commissioner would strengthen accountability and ensure that victims’ experiences were meaningfully reflected in the development of criminal justice policy. These recommendations are largely reflected in Part 1 of the 2025 Act.
Similarly, the Scottish Government's 2022 consultation demonstrated strong support for an independent statutory Commissioner, with participants emphasising the importance of political independence, parliamentary accountability, and effective oversight of criminal justice agencies.
Despite widespread support, concerns were raised regarding the potential overlap with existing oversight bodies and the costs associated with establishing a new public body. Some argued that limited resources would be better directed towards implementing existing reforms before creating an additional layer of oversight.
Overall, the establishment of the Victims and Witnesses Commissioner represents a significant step towards a more victim-centred justice system. By providing independent scrutiny, promoting compliance with victims’ rights, and encouraging systemic improvement rather than intervening in individual cases, the office has the potential to strengthen public confidence and accountability across the criminal justice system.
Complainer Anonymity
The Victims, Witnesses and Justice Reform (Scotland) Act 2025 has also introduced automatic, lifelong anonymity for victims of sexual and certain related offences, replacing Scotland's previous reliance on media reporting guidelines and limited court orders. The Act prohibits the publication of any information likely to identify a complainer, including their name, address, workplace, educational institution, and photographs.
The reform was strongly influenced by the Scottish Government's 2022 consultation, which demonstrated substantial support for automatic anonymity from the point an allegation is made.
The Act also extends anonymity protections to a broader range of sexual and related offences, strengthens restrictions on the use of sensitive evidence during criminal proceedings, and introduces additional safeguards for child complainers. Importantly, adult victims may choose to waive their own anonymity, reflecting an approach that prioritises personal autonomy rather than imposing compulsory secrecy.
The legislation was also informed by academic engagement, particularly the Campaign for Complainer Anonymity initiated by Dr Andrew Tickell, Seonaid Stevenson-McCabe and students of Glasgow Caledonian University, who advocated a framework that balances privacy with victims' autonomy. The importance of victim choice is illustrated by Grace Tame’s #LetHerSpeak campaign in Australia, which challenged laws preventing survivors of sexual offences from identifying themselves publicly. The Scottish legislation has avoided these concerns by protecting victims from unwanted identification without preventing them from speaking publicly - if they choose to do so.
Abolition of the ‘Not Proven’ Verdict
One of the most significant and controversial reforms introduced by the act is the abolition of the not proven verdict under section 66(2). The ‘bastard verdict’ as infamously coined by Sir Walter Scott, was a distinctive feature of the Scottish justice system, operating alongside the verdicts of guilty and not guilty. Although it had the same legal effect as a not guilty verdict, it remained controversial because of its unique symbolic and practical implications.
A principal criticism of the not proven verdict was that it lacked any statutory or common law definition. Judges were forbidden from defining its meaning to jury members beyond confirming that it had the same legal consequences as a not guilty verdict.
“It is highly dangerous to endeavour to explain what the not proven verdict is in relation to the not guilty verdict.”
This contributed to widespread confusion among jurors, victims, accused persons and the wider public. Research involving mock jurors suggests that the verdict was commonly understood as a ‘compromise verdict,’ used where jurors suspected the accused was guilty, but were not satisfied that guilt had been proven beyond reasonable doubt. Consequently, despite amounting to an acquittal in law, the verdict often carried social stigma for the accused.
Another significant factor underpinning reform was the disproportionate use of the verdict in rape and attempted rape cases. A study by Rape Crisis Scotland found that although not proven accounted for around 20% of acquittals across all offences, it represented 44% of acquittals in rape and attempted rape cases. Following sustained campaigning by victims’ organisations, this became a key justification for abolition. The Scottish Government argued that removing the verdict would improve public understanding and provide greater clarity and closure for victims.
“A once in a generation opportunity to improve the criminal justice system for survivors of rape and sexual violence.”
The Two-Thirds Jury Majority
As a consequence of abolishing the not proven verdict, section 65(4)(1) introduces a new requirement that at least ten of the fifteen jurors must agree before conviction can proceed.
Previously, a simple majority of eight jurors against seven was sufficient. Following the introduction of a two-verdict system, concerns were raised surrounding conviction becoming too easy and safeguards for the accused being weakened.
In response, the Scottish Government considered that:
“Moving from a simple majority to a two-thirds majority for a criminal conviction alongside the change to a two-verdict system is an appropriate and balanced reform.”
However, concerns have been raised that the combined effect of these reforms may pursue competing policy objectives. While the abolition of not proven was intended to improve outcomes for victims, particularly in rape and other sexual offence cases, Rape Crisis Scotland has argued that increasing the majority threshold may make convictions more difficult to secure, particularly in offences where conviction rates are already low. Scottish Government Research similarly suggests that replacing the simple majority requirement with a two-thirds majority may result in more acquittals overall. This raises questions as to whether the higher conviction threshold may undermine one of the principal objectives that abolition of the not proven verdict intended to achieve.
Concluding Remarks
The Victims, Witnesses and Justice Reform (Scotland) Act 2025 represents a significant shift in the Scottish criminal justice system, placing greater emphasis on the experiences of victims and witnesses, while also seeking to maintain fairness for the accused. In practice, the reforms will require substantial changes to the way in which criminal justice professionals operate. Judges, defence lawyers, prosecutors, and other agencies will need to adapt to new procedures, embed trauma-informed practice, and work collaboratively before the reforms can be implemented effectively.