The controversial Not Proven verdict will be scrapped as it has no place in a modern Scots justice system, an SNP minister has said.
Angela Constance acknowledged it has taken a “long time” for the legislation on scrapping the controversial third verdict to be introduced at Holyrood.
The Victims, Witnesses and Justice Reform (Scotland) Bill will also change the size of criminal juries from 15 to 12.
It aims to address a number of issues around serious sexual offences, creating a new specialist sexual offences court.
Ministers will also have the power to carry out a pilot of rape trials being conducted by a single judge without a jury.
For jury trials, the majority needed for a guilty verdict will be at least two-thirds.
Debates around Scotland’s third verdict, which has the legal effect of acquitting the accused, have been going on for years.
The verdict is unique to Scots law and there is no equivalent in other jurisdictions.
Constance and First Minister Humza Yousaf met a number of prominent victims of crime, campaigners and organisations at a summit on Wednesday.
The Justice Secretary said: “This Bill is about ensuring that the voices and needs of victims are at the heart of our justice system.
“There is substantial evidence that the not proven verdict in many instances retraumatises victims and survivors because of its lack of clarity.
“While we are proud of our justice system in Scotland, we do need to make sure that our system reflects the needs of modern-day Scotland and I don’t think it is defensible any longer to have a not proven verdict where there is no statutory definition.”
Constance continued: “It has taken a long time to get to this point. This is landmark legislation.
“This Bill has some of the biggest reforms for our justice system in the history of devolution.”
She also hailed the creation of a new independent commissioner for victims and witnesses.
But the Scottish Government faces stiff opposition to its plan to introduce a pilot of scrapping jury trials for rape cases.
Previously, the Law Society has warned there could be an increase in miscarriages of justice if not proven is scrapped as a verdict.
Its president, Murray Etherington, said: “The right to a fair trial is a cornerstone of the Scottish criminal justice system. Even on a pilot basis, judge-only trials will put that fundamental right in jeopardy with no discernible benefits.
“By its very definition, a jury is a better reflection of Scottish society than a single judge can possibly be. Juries act as an essential and effective safeguard against the potential for unconscious biases to unfairly influence trial outcomes.
“Undermining the foundations of the Scottish justice system to increase conviction rates is a dangerous approach which will create a serious risk of injustice.”
Scottish Conservative justice spokesman Jamie Greene said: “There are long overdue measures in this Bill we can support, including the abolition of the not proven verdict, which the Scottish Conservatives have long called for, and anonymity for sexual offence victims.
“However, we share reservations about a move to juryless trials, given that it is a basic tenet of Scots law that those prosecuted for the most serious offences are tried before their peers.”
He criticised the lack of proposals to increase the use of bans on criminals entering the local areas of the victim and vowed to fight to strengthen the legislation, adding: “This really is a missed opportunity, a Victims Bill in name only.”
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