Programme for government 2022-23 comment

The Law Society of Scotland has expressed deep concern that the Scottish Government’s plans to abolish the not proven verdict will risk an increase in miscarriages of justice.

Commenting on the Scottish Government’s 2022-23 Programme for Government, Murray Etherington, President of the Law Society of Scotland said: “It is in the interests of every citizen that we have a fair, just and accessible criminal justice system for all those involved.

“We support all efforts to develop trauma-informed advocacy and promote understanding around some of the most sensitive cases and we are of the view that all complainers of sexual offences should be afforded the automatic right to anonymity.

“We are however deeply concerned that making such a fundamental change as removing the not-proven verdict must be done with the upmost care and consideration for the wider implications and to prevent an increased risk of miscarriages of justice.”

“We are surprised and disappointed by the omission of a Legal Aid Bill in the Government’s legislative programme.

“Set against the backdrop of a cost of living crisis, ensuring that those most in need can access legal support irrespective of their financial situation is more important now than ever.”

“Negotiations between the Law Society of Scotland and the Scottish Government are ongoing and we look forward to the Government’s response clarifying the way forward on this important issue.

“We are pleased the Scottish Government is prioritising a new bill to reform the regulation of legal services. 

“Much of the current legislation is over 40 years old and is simply unfit for Scotland’s modern legal sector and the international market in which it now competes. The system for handling legal complaints in particular is too slow, too complex, too expensive and needs urgent overhaul.  This new legislation provides an opportunity to make real improvements which better protect the consumers and also allows the legal profession to thrive.”

The UK’s constitutional future is also back on the agenda following today’s programme for government with an Independence Referendum Bill planned for the coming year. The Law Society will contribute to the debate around this by scrutinising proposals for change and raising key questions ahead of October 2023.

The Law Society also welcomes plans for a Circular Economy Bill for the benefit of the environment and economy, but stresses that it is important that any legislation on this issue goes deep enough to be truly transformative and to develop a truly circular economy.