London Daily

Focus on the big picture.
Thursday, Nov 13, 2025

Future of not proven verdict under consultation

Future of not proven verdict under consultation

A consultation has opened on the future of Scotland's controversial not proven verdict.

It will gather views on the unique three verdict model from the public, legal professionals and those with experience of the justice system.

The process will also consider jury size, the majority required for conviction and corroboration.

Justice Secretary Keith Brown acknowledged there are "strong opinions" on the current system.

Despite being available in all criminal cases there is no definition of the not proven verdict, or the difference between it and a not guilty verdict.

What is the not proven verdict?
Three verdicts can be handed down in Scottish criminal cases: not guilty, not proven and guilty


Scotland, unlike most of the world's legal systems, has three possible verdicts in criminal cases - guilty, not guilty and not proven.

The legal implications of a not proven verdict are exactly the same as a not guilty verdict - the accused is acquitted and is innocent in the eyes of the law.

Not proven is seen by some as offering additional protection to the accused, ensuring they will not be convicted if the jury has any doubts.

But critics argue that it is confusing for juries and the public, can stigmatise an accused person by appearing not to clear them and fails to provide closure for victims.

A study published in 2019 found removing the not proven verdict might incline more jurors towards a guilty verdict in finely balanced trials.

It also highlighted inconsistent views on the meaning of not proven and how it differed from not guilty.

Mr Brown said the aim of the consultation, which will run to 11 March 2022, was to capture a broad range of views.

He added: "It is vital that Scotland's justice system is fair, transparent and meets the needs of modern society.

"The Scottish government recognises there are strong opinions surrounding the three verdict legal system - but that does not mean we should shy away from a detailed and extensive consultation on this unique aspect of our justice system."

Mr Brown said ministers have "no settled view" on what will happen next but rather want to weigh up all the evidence before reaching a decision.

In 2017 Prof James Chalmers and Prof Fiona Leverick published a blog post looking at its history.

They said there was a common misconception that the not guilty verdict was a later addition to the proven and not proven outcomes.

And they concluded not only is the verdict of "not proven" not Scots law's original verdict of acquittal but today's "not proven" is used for a very different purpose from that for which it was introduced.

In 2015, a review by Lord Bonomy said there was anecdotal evidence that jurors "mistakenly" thought that a not proven verdict left open the possibility of a retrial.


It's beginning to feel like not proven's days are numbered.

Forceful legal voices will argue for its retention, but the Scottish government says there's "a strong case" for it to go.

One of the mind bending aspects of all of this is that there isn't a legal definition of the verdict, which is an acquittal that leaves the accused innocent in the eyes of the law.

If a jury asks a judge to tell them the difference between not proven and not guilty, there's very little he or she can tell them, despite the fact that it's been around for centuries and can be returned in trials that involve murder and rape.

In fact, trying to explain not proven is so problematic that the appeal court has told judges it is "highly dangerous" for them to attempt to do so, in case jurors get the wrong end of the stick.

Critics say the verdict leaves a stigma hanging over the accused and deprives the alleged victims of closure. Supporters say it's a safeguard against miscarriages of justice.

There is a growing political consensus backing abolition but doing so might require changes to other parts of the system, including jury size, the way majority verdicts are reached and corroboration, another cornerstone of Scots Law.

The Scottish government will take time to consider the best way forward. It's given itself a difficult task.

Newsletter

Related Articles

0:00
0:00
Close
UK Upholds Firm Rules on Stablecoins to Shield Financial System
Brussels Divided as UK-EU Reset Stalls Over Budget Access
Prince Harry’s Remembrance Day Essay Expresses Strong Regret at Leaving Britain
UK Unemployment Hits 5% as Wage Growth Slows, Paving Way for Bank of England Rate Cut
Starmer Warns of Resurgent Racism in UK Politics as He Vows Child-Poverty Reforms
UK Grocery Inflation Slows to 4.7% as Supermarkets Launch Pre-Christmas Promotions
UK Government Backs the BBC amid Editing Scandal and Trump Threat of Legal Action
UK Assessment Mis-Estimated Fallout From Palestine Action Ban, Records Reveal
UK Halts Intelligence Sharing with US Amid Lethal Boat-Strike Concerns
King Charles III Leads Britain in Remembrance Sunday Tribute to War Dead
UK Retail Sales Growth Slows as Households Hold Back Ahead of Black Friday and Budget
Shell Pulls Out of Two UK Floating Wind Projects Amid Renewables Retreat
Viagogo Hit With £15 Million Tax Bill After HMRC Transfer-Pricing Inquiry
Jaguar Land Rover Cyberattack Pinches UK GDP, Bank of England Says
UK and Germany Sound Alarm on Russian-Satellite Threat to Critical Infrastructure
Former Prince Andrew Faces U.S. Congressional Request for Testimony Amid Brexit of Royal Title
BBC Director-General Tim Davie and News CEO Deborah Turness Resign Amid Editing Controversy
Tom Cruise Arrives by Helicopter at UK Scientology Fundraiser Amid Local Protests
Prince Andrew and Sarah Ferguson Face Fresh UK Probes Amid Royal Fallout
Mothers Link Teen Suicides to AI Chatbots in Growing Legal Battle
UK Government to Mirror Denmark’s Tough Immigration Framework in Major Policy Shift
UK Government Turns to Denmark-Style Immigration Reforms to Overhaul Border Rules
UK Chancellor Warned Against Cutting Insulation Funding as Budget Looms
UK Tenant Complaints Hit Record Levels as Rental Sector Faces Mounting Pressure
Apple to Pay Google About One Billion Dollars Annually for Gemini AI to Power Next-Generation Siri
UK Signals Major Shift as Nuclear Arms Race Looms
BBC’s « Celebrity Traitors UK » Finale Breaks Records with 11.1 Million Viewers
UK Spy Case Collapse Highlights Implications for UK-Taiwan Strategic Alignment
On the Road to the Oscars? Meghan Markle to Star in a New Film
A Vote Worth a Trillion Dollars: Elon Musk’s Defining Day
AI Researchers Claim Human-Level General Intelligence Is Already Here
President Donald Trump Challenges Nigeria with Military Options Over Alleged Christian Killings
Nancy Pelosi Finally Announces She Will Not Seek Re-Election, Signalling End of Long Congressional Career
UK Pre-Budget Blues and Rate-Cut Concerns Pile Pressure on Pound
ITV Warns of Nine-Per-Cent Drop in Q4 Advertising Revenue Amid Budget Uncertainty
National Grid Posts Slightly Stronger-Than-Expected Half-Year Profit as Regulatory Investments Drive Growth
UK Business Lobby Urges Reeves to Break Tax Pledges and Build Fiscal Headroom
UK to Launch Consultation on Stablecoin Regulation on November 10
UK Savers Rush to Withdraw Pension Cash Ahead of Budget Amid Tax-Change Fears
Massive Spoilers Emerge from MAFS UK 2025: Couple Swaps, Dating App Leaks and Reunion Bombshells
Kurdish-led Crime Network Operates UK Mini-Marts to Exploit Migrants and Sell Illicit Goods
UK Income Tax Hike Could Trigger £1 Billion Cut to Scotland’s Budget, Warns Finance Secretary
Tommy Robinson Acquitted of Terror-related Charge After Phone PIN Dispute
Boris Johnson Condemns Western Support for Hamas at Jewish Community Conference
HII Welcomes UK’s Westley Group to Strengthen AUKUS Submarine Supply Chain
Tragedy in Serbia: Coach Mladen Žižović Collapses During Match and Dies at 44
Diplo Says He Dated Katy Perry — and Justin Trudeau
Dick Cheney, Former U.S. Vice President, Dies at 84
Trump Calls Title Removal of Andrew ‘Tragic Situation’ Amid Royal Fallout
UK Bonds Rally as Chancellor Reeves Briefs Markets Ahead of November Budget
×