Two Major Changes to Scottish Criminal Law

On 1st January 2026, two momentous changes were made to the Scottish criminal law.

Most legal systems around the world use juries based on the English system where a jury comprises 12 randomly selected citizens to hear evidence and legal arguments about the case in court. They then retire to discuss the case and reach a verdict of guilty or not guilty.

Crucially, the jury must reach a decision as a whole, by agreeing on one verdict, either unanimously or close to unanimously (such as 10 of the 12 jurors agreeing), which is called a qualified majority.

But in Scotland, a jury is composed of 15 members rather than 12, and whilst it previously reached a decision based on a simple majority, such as eight of 15 jurors in agreement on a verdict, the law has changed for this.

As from 1st January 2026, two-thirds of the jury must now agree on a verdict. In other words, at least 10 jurors in a jury of 15. Further research into how juries operate is ongoing, and some have suggested that this is simply a precursor to Scotland eventually reducing the number of jurors to 12, bringing it into line with the English system.

But what set Scotland apart most of all from other criminal jurisdictions around the world were the three verdicts available to a jury:

• Guilty
• Not guilty
• Not proven

This not proven verdict was the most controversial aspect of the Scottish jury system and was termed the “bastard verdict” by Sir Walter Scott for its perceived lack of legitimacy. It has never been legally defined, yet had the same legal consequences as a not guilty verdict (meaning the accused is acquitted).

However, the "bastard verdict" is no more. It was abolished on 1st January 2026, bringing to an end centuries’ worth of juries returning the "third" verdict and acquitting the accused.

If you have any questions about how these changes might affect your case, please get in touch.