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Voting has closed and counting is now under way to replace shamed MP Margaret Ferrier.

Ms Ferrier was ousted from her Rutherglen and Hamilton West seat in August following a successful recall petition for breaching COVID restrictions in 2020.

Voters took to the polls between 7am and 10pm on Thursday for the by-election, with Ms Ferrier’s successor expected to be announced during the early hours of Friday morning.

Out of the 82,104 electorate, a total of 30,531 votes were cast (37.19% turnout).

The turnout is down from 66.48% at the snap 2019 general election, when 53,794 valid votes were cast.

Fourteen candidates are battling it out for the hotly contested seat.

All eyes will be on the SNP and Scottish Labour – with both parties treating the by-election as an important battleground ahead of the next UK general election.

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The South Lanarkshire seat has changed hands between the parties at each of the past three general elections.

Scottish Labour leader Anas Sarwar with candidate Michael Shanks arrive at the count for the Rutherglen and Hamilton West by-election, at South Lanarkshire Council Headquarters in Hamilton. Picture date: Friday October 6, 2023.
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Scottish Labour leader Anas Sarwar and candidate Michael Shanks arriving at the count

Upon arrival at the count, Scottish Labour leader Anas Sarwar told Sky News: “I think it’s going to be a significant night.”

Meanwhile, an SNP source earlier said: “We have to be realistic. It’s been a tough time and we think the turnout will be very low.”

Votes are counted in the count hall at the South Lanarkshire Council Headquarters in Hamilton for the Rutherglen and Hamilton West by-election. Picture date: Thursday October 5, 2023.
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The result is expected during the early hours of Friday morning

Ms Ferrier, who won the seat for the SNP in 2019, was forced to sit as an independent after losing the party whip when her COVID breach came to light.

Ms Ferrier was subsequently charged by police, ordered to undertake unpaid work, suspended from the Commons for 30 days and removed from her seat following a successful recall petition.

Ballot boxes arrive in the count hall at the South Lanarkshire Council Headquarters in Hamilton for the Rutherglen and Hamilton West by-election. Picture date: Thursday October 5, 2023.
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Ballot boxes arriving at the count

The count is taking place at South Lanarkshire Council headquarters in Hamilton.

Who is standing?

• Gloria Adebo (Scottish Liberal Democrats)
• Bill Bonnar (Scottish Socialist Party)
• Garry Cooke (Independent)
• Andrew Daly (Independent)
• Cameron Eadie (Scottish Green Party)
• Prince Ankit Love (Independent)
• Niall Fraser (Scottish Family Party)
• Ewan Hoyle (Volt UK)
• Thomas Kerr (Scottish Conservatives)
• Katy Loudon (SNP)
• Christopher Sermanni (Scottish Trade Unionist and Socialist Coalition)
• Michael Shanks (Scottish Labour Party)
• David Stark (Reform UK)
• Colette Walker (Independence for Scotland Party)

SNP: Katy Loudon

SNP leader Humza Yousaf and SNP candidate Katy Loudon outside the polling station at St Charles' primary school, Cambuslang, during the Rutherglen and Hamilton West by-election. Picture date: Thursday October 5, 2023.
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SNP leader Humza Yousaf and candidate Katy Loudon outside a Cambuslang polling station earlier on Thursday

The SNP are fielding South Lanarkshire councillor Katy Loudon.

The former primary school teacher has lived in the constituency for 14 years and has been a councillor since 2017.

Ms Loudon believes the by-election is an opportunity to “show Westminster that Scotland wants – and deserves – better than the Tory status quo”.

She added: “The Tories and Labour now stand hand in hand on a range of damaging policies including Brexit and the two-child cap and rape clause, which hits 1,600 children in Rutherglen and Hamilton West.”

During her campaign, Ms Loudon said she would push Westminster to reinstate a £400 energy bill rebate to help struggling families over winter.

She also said she would happily speak out on issues which disproportionately impacted her constituents.

She said: “I’m not shy to come forward. I’ve got the ear of the first minister and the ear of ministers, especially through this campaign.”

Ms Loudon also accused opponent Mr Shanks of “only talking about Margaret Ferrier” on the doorstep and claimed Scottish Labour “are offering nothing”.

Scottish Labour: Michael Shanks

(Left to right) Scottish Labour deputy leader Dame Jackie Baillie, Labour leader Sir Keir Starmer, Scottish Labour candidate Michael Shanks and Scottish Labour leader Anas Sarwar at a party rally in Rutherglen ahead of the Rutherglen and Hamilton West by-election. Picture date: Friday September 29, 2023.
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Scottish Labour deputy leader Dame Jackie Baillie, Labour leader Sir Keir Starmer and Scottish Labour leader Anas Sarwar joined candidate Michael Shanks on the campaign trail

Scottish Labour are championing Renfrewshire teacher Michael Shanks.

Mr Shanks previously made headlines after running along all 6,110 streets in Glasgow. He started the challenge during the first COVID lockdown and “crossed the finish line” in January last year.

Sir Keir Starmer’s party is hopeful that a win in Rutherglen and Hamilton West will show that Labour can make gains against the SNP at the upcoming general election, potentially paving the way for the party’s return to power at Westminster.

Scottish Labour put the cost of living crisis front and centre of its campaign.

It set out proposals to tackle the issue – including a clean energy plan that will reportedly save households up to £1,400 a year and a new deal for working people that it said would boost the minimum wage and make work pay.

As the count got under way, Scottish Labour deputy leader Jackie Baillie said: “Michael Shanks should be proud of the energetic campaign he has led in Rutherglen and Hamilton West.

“It is clear for all to see that Scottish Labour is once more a serious force in Scottish politics.

“From our plans to make work pay to acting to put money into the pockets of working people, Scottish Labour has proudly campaigned on the priorities of the people.

“The people of Rutherglen and Hamilton West have spoken – soon we will know whether they have chosen a fresh start with Scottish Labour.”

Scottish Conservatives: Thomas Kerr

Scottish Tory leader Douglas Ross with candidate Thomas Kerr, second right. Pic: Scottish Conservatives
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Scottish Tory leader Douglas Ross with candidate Thomas Kerr, second right. Pic: Scottish Conservatives

The Scottish Conservatives are backing Glasgow councillor Thomas Kerr, who has pledged to tackle the cost of living crisis, reduce NHS waiting times and protect local services.

At the count, Mr Kerr said his party ran a “pretty positive campaign”.

He noted that the Scottish Tories were “punching above their weight” against favourites the SNP and Scottish Labour, but added his party was laying the groundwork ahead of the next Westminster and Holyrood elections.

Mr Kerr said many of the constituents he spoke to during his campaign highlighted their struggles with the cost of living crisis, which he could relate to.

He stated that there was no “real difference” between the SNP and Scottish Labour.

Mr Kerr earlier said the SNP will be “fully focused on relentlessly pushing for another divisive referendum”.

He added: “Meanwhile, Scottish Labour cannot credibly offer voters a fresh start when on so many issues you cannot put a cigarette paper between them and the SNP, including when they voted for Nicola Sturgeon’s flawed gender self-id bill.”

Mr Kerr told Sky News: “We’re offering a real alternative and a real change.”

Scottish Greens: Cameron Eadie

Gillian Mackay MSP, Cameron Eadie, and Lorna Slater MSP. Pic: Scottish Greens
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Gillian Mackay MSP and Scottish Greens co-leader Lorna Slater with candidate Cameron Eadie. Pic: Scottish Greens

Student Cameron Eadie is standing for the Scottish Greens and had urged voters to put “people and planet” at the top of the agenda at Westminster.

If elected, he said he would fight to remove the “cruel two-child benefit cap and rape clause whilst standing up for our environment”.

At the count, Mr Eadie told Sky News that he was “absolutely proud” of his campaign and team, and said it had been a “fantastic opportunity” to energise activists in the area.

He said most people he spoke to while canvassing were concerned about the cost of living crisis and climate damage.

Mr Eadie acknowledged that most people believe it’s a “two-horse race” between the SNP and Scottish Labour.

But speaking of his run, he said: “It’s something I’ve really enjoyed. It’s been a good experience.”

Scottish Liberal Democrats: Gloria Adebo

Scottish Liberal Democrats leader Alex Cole-Hamilton with candidate Gloria Adebo, Pic: Scottish Liberal Democrats
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Scottish Liberal Democrats leader Alex Cole-Hamilton with candidate Gloria Adebo. Pic: Scottish Liberal Democrats

Data analyst Gloria Adebo is running for the Scottish Liberal Democrats.

Ms Adebo said constituents had been “badly hammered by unnecessary and damaging SNP government cuts”.

She added: “SNP cuts now look set to cause the closure of all local police stations in the area – on top of the threat to care homes, day services, swimming pools and leisure facilities.

“It is time to stop the SNP’s centralising policies in their tracks and give a fair share of the Scottish budget to local services and local people.”

Ms Adebo said the SNP have “no interest” in working constructively.

She added: “Rather than perpetuate division, Scottish Liberal Democrats would work in partnership across the UK on key issues like the cost of living and reforming the UK to make it work better, strengthen ties with our European neighbours and build a better way forward together.”

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MSPs vote to abolish Scottish legal system’s controversial not proven verdict

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MSPs vote to abolish Scottish legal system's controversial not proven verdict

MSPs have voted to abolish Scotland’s controversial not proven verdict.

The Scottish government’s flagship Victims, Witnesses and Justice Reform (Scotland) Bill was passed on Wednesday following a lengthy debate of more than 160 amendments that began the day before.

The new legislation makes a series of changes to the justice system, including scrapping the not proven verdict; establishing a specialist sexual offences court; creating a victims and witnesses commissioner; reforming the jury process to require a two-thirds majority for conviction; and implementing Suzanne’s Law which will require the parole board to take into account if a killer continues to refuse to reveal where they hid their victim’s body.

Following Royal Assent, the legislation will be implemented in phases.

Justice Secretary Angela Constance and First Minister John Swinney. Pic: PA
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Justice Secretary Angela Constance and First Minister John Swinney. Pic: PA

Justice Secretary Angela Constance said: “This historic legislation will put victims and witnesses at the heart of a modern and fair justice system.

“By changing culture, process and practice across the system, it will help to ensure victims are heard, supported, protected and treated with compassion, while the rights of the accused will continue to be safeguarded.

“This legislation, which builds on progress in recent years, has been shaped by the voices of victims, survivors, their families and support organisations, and it is testimony to their tireless efforts to campaign for further improvement.

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“I am grateful to those who bravely shared their experiences to inform the development of this legislation and pave a better, more compassionate path for others.”

Not proven verdict

Currently, juries in Scotland have three verdicts open to them when considering the evidence after a trial, and can find an accused person either guilty or not guilty, or that the case against them is not proven.

Like not guilty, the centuries-old not proven verdict results in an accused person being acquitted.

Critics have argued it can stigmatise a defendant by appearing not to clear them, while failing to provide closure for the alleged victim.

Notable cases which resulted in a not proven verdict include Sir Hugh Campbell and Sir George Campbell, who were tried for high treason in 1684 for being present at the Battle of Bothwell Bridge.

The murder of Amanda Duffy, 19, in South Lanarkshire in 1992 sparked a national conversation around the existence of the not proven verdict and double jeopardy rules.

Suspect Francis Auld stood trial but the case was found not proven by a jury and an attempt to secure a retrial failed in 2016. Auld died the following year.

In 2018, a sexual assault case against former television presenter John Leslie was found not proven.

And in 2020, former first minister Alex Salmond was found not guilty on 12 sexual assault charges, while one charge of sexual assault with intent to rape was found not proven.

Victim Support Scotland (VSS) had earlier urged MSPs to put aside party politics and vote “for the intention of the bill”.

Kate Wallace, chief executive of VSS, believes the act is a “solid foundation” on which to build further improvements.

She added: “The passing of this act represents a momentous occasion for Scotland’s criminal justice system.

“It marks a significant step towards creating a system that considers and prioritises the needs of people impacted by crime.”

VSS worked with the families of Arlene Fraser and Suzanne Pilley to spearhead Suzanne’s Law.

Ms Fraser was murdered by estranged husband Nat Fraser in 1998, while Ms Pilley was killed by David Gilroy in 2010. To date, the women’s bodies have never been recovered.

Before the bill, parole board rules dictated that a killer’s refusal to disclose the information “may” be taken into account.

The new legislation means parole boards “must” take the refusal to cooperate into account.

(L-R) Suzanne's Law campaigners Isabelle Thompson and Carol Gillies, the mum and sister of Arlene Fraser, alongside Gail Fairgrieve and Sylvia Pilley, the sister and mum of Suzanne Pilley. Pic: PA
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(L-R) Suzanne’s Law campaigners Isabelle Thompson and Carol Gillies, the mum and sister of Arlene Fraser, alongside Gail Fairgrieve and Sylvia Pilley, the sister and mum of Suzanne Pilley. Pic: PA

Carol Gillies, sister of Ms Fraser, and Gail Fairgrieve, sister of Ms Pilley said: “We have done everything possible to make this change to parole in memory of Arlene and Suzanne, and for other people who have lost their lives in such a horrific way.

“For our families, the passing of this act and the change to parole are momentous.”

Read more from Sky News:
Why next year’s Scottish elections could get messy

The Scottish Conservatives and Scottish Labour voted against the bill.

Although in support of the abolition of the not proven verdict, the Scottish Tories said they had been left with no alternative but to oppose the bill after the SNP rejected a series of amendments.

The party had called for a Scotland-only grooming gangs inquiry; wanted victims to be told if a decision was taken not to prosecute an accused; and for all victims to be informed if a plea deal was struck between defence and prosecution lawyers.

They also wanted Suzanne’s Law to be strengthened, which would have compelled killers to reveal the location of their victim’s body or risk having their parole rejected – ensuring “no body, no release”.

MSP Liam Kerr, shadow justice secretary, said: “This half-baked bill sells the victims of crime desperately short.

“By ignoring many of the key demands of victims’ groups, the SNP have squandered the chance for a long overdue rebalancing of Scotland’s justice system.

“The Scottish Conservatives’ common sense amendments would have given this legislation real teeth but, by rejecting them, the nationalists have delivered a victims’ bill in name only.

“While we back the abolition of the not proven verdict, the SNP’s intransigence on a number of key issues meant we could not support this bill in its final form.”

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