London Daily

Focus on the big picture.
Saturday, Aug 22, 2026

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
Petrol Bombs Set Luxury Cars Alight Outside Birmingham Wedding as Police Hunt Three Men
Bitcoin Surges Toward $80,000 as Short Squeeze and ETF Inflows Ignite Crypto Rally
Prince Harry and Co-Claimants Ordered to Pay £9.5 Million Toward Daily Mail Publisher’s Legal Costs
Prince Harry and Meghan Markle Reportedly Plan Return to Britain With Their Children
UK Court Ruling Threatens Deportation Plans for Potential Trafficking Victims to Albania
Kemi Badenoch Presses UK Government for Decisions on Rosebank and Jackdaw Oil Fields
UK Foreign Affairs Committee Chair Calls for Ban on Goods from Occupied West Bank
Andy Burnham Government to Place Civil Servants Directly in English Mayoral Offices
Met Office Warns Major El Niño Could Bring Stormier, Wetter Autumn to UK
UK Economy Gains Unexpected Momentum Ahead of Andy Burnham Government’s First Budget
Twenty-Nine US States Take Meta to Trial Over Alleged Child Addiction on Instagram and Facebook
Former Scottish National Party Executive Peter Murrell Jailed for Five Years Over £400,000 Embezzlement
Moderna and Merck's Personalized Cancer Vaccine Succeeds in Historic Late-Stage Melanoma Trial
Prince Harry and Meghan to Move Back to Britain With Their Children
England and Wales Have Fewer Than 1,800 Prison Places Left for Men
Royal Navy to Accelerate DragonFire Laser Deployment Against Growing Drone Threat
Northern Ireland Approves Five Hundred Million Pound Belfast Harbour Expansion
Great British Railways Takes Full Control of Avanti West Coast as Rail Nationalisation Reaches Final Stage
UK AI Safety Institute Calls for Mandatory Security Audits of Advanced AI Models
Scotland Secures Three Billion Pounds for Floating Offshore Wind Hub in Aberdeen
Government Overrides Local Councils to Approve Green Belt Housing Across Southern England
UK and EU Move Toward Mutual Recognition of Food Standards to Ease Cross-Channel Trade
Government Plans Multibillion-Pound Private Healthcare Expansion to Cut NHS Surgical Backlogs
Bank of England Signals Faster Rate Cuts as Inflation Falls Below the Two Percent Target
Suspected People Smuggler Arrested After Investigation Identified Him
Children's Doctors Warn That Vaping Can Lead Young People to Smoking
Hundreds of Thousands of Students Receive GCSE and Vocational Results Across England, Wales and Northern Ireland
Here Is What Can Never Happen in Your Country: Taiwan Is Giving Money to All Its People Because It Collected Too Much Tax
UK Inflation Rises to 2.9% as Energy Bills Jump
UK Issues New Conduct Guide for Asylum Seekers on Consent and Respect
Moderna Shares Surge After Positive Personalized Skin Cancer Trial Results
UK Markets Watch US National Debt Surpass Forty Trillion Dollars
UK Broadcasters Urge Government to Invest in Digital Participation and Broadband
CVC Capital Partners and Standard Life Launch Two Billion Pound Pension Risk Transfer Venture
UK Private Sector Productivity Growth Accelerates in Second Quarter
UK Foreign Secretary Ed Miliband Condemns Israeli E1 Settlement Tender
UK Watchdog Investigates Trainline, Virgin Atlantic and RED Driving School Over Hidden Fees
Prince Harry and Meghan Markle Plan Move to Private Home Outside London
UK Retail Sentiment Improves as Summer Spending Boosts Consumer Confidence
UK Aid Cuts Draw Warnings From Charities Over Humanitarian Consequences
UK Financial Conduct Authority Issues Guidance for Motor Finance Redress Scheme
UK Met Office Launches Aviation Programme to Reduce Climate Impact of Persistent Contrails
Former UK Civil Service Chief Received Record 500,000 Pound Severance Payment
West Midlands to Bring Bus Network Under Public Franchising Model
UK Government Drops Plan to Relax Affordable Housing Requirements After Backlash
UK Reaffirms Military Support for Ukraine Despite Russian Hybrid Warfare Threats
UK Technology Sector Expands Nearly 8 Percent as Digital Industry Outpaces Wider Economy
UK Drought Threatens Harvests Across England and Wales as Food Inflation Risks Persist
UK Government Pledges 442 Million Pounds to End Rough Sleeping by Christmas
UK Government Signals Willingness to Reconsider Digital Services Tax Amid US Tariff Threats
×