London Daily

Focus on the big picture.
Thursday, Oct 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
Parliamentary Inquiry Highlights Urgent Need to Address Housing Shortage as Scottish Completions Hit Eleven-Year Low
United Kingdom and Singapore Sign Comprehensive Financial Agreement to Deepen Digital and Sustainable Market Ties
Greggs Announces Plan to Close Four Manufacturing Facilities and Cut Seven Hundred and Forty Jobs
International Monetary Fund Raises United Kingdom Economic Growth Forecast While Warning of Inflationary Pressures
Energy Security and Net Zero Committee Urges Government to Shift Policy Costs Onto Gas to Lower Household Bills
Housebuilding Across Scotland Plummets to Eleven-Year Low Despite Government Pledges to Tackle National Housing Emergency
Greggs Announces Factory Closures Across Northern England and Scotland Affecting Seven Hundred Forty Jobs
United Kingdom and Singapore Conclude Eleventh Financial Dialogue in Singapore to Deepen Cooperation on Digital Finance and Capital Markets
Energy Security and Net Zero Committee Urges Government to Shift Policy Costs to Gas Bills and Tap Windfall Profits to Lower Consumer Prices
British Broadcasting Corporation Announces Major Cost-Cutting Overhaul to Close Linear Broadcast Services for Television Channels BBC Three and BBC Scotland Alongside Digital Radio Station BBC Radio Four Extra
London Capital Markets Face Renewed Scrutiny After High-Profile Offerings Underperform Post-Listing
Green Party Wins Historic First Westminster Parliamentary By-Election in Gorton and Denton
Environment Secretary Emma Reynolds Unveils Sweeping Regulatory Overhaul for English Water Industry
United Kingdom Health Security Agency Confirms Thirty-Four Cases in Kent Meningitis Outbreak
Ministry of Defence Prepares Heat Pump Subsidy Cuts to Fund Urgent Military Modernization
British and European Union Officials Schedule Long-Awaited Bilateral Leaders Summit for November Twentieth
Bank of England Governor Andrew Bailey Urges Strict Fiscal Credibility to Protect British Bond Markets
United Kingdom Inflation Rises to Three Point One Percent Driven by Escalating Fuel Costs
Profit Warnings Among London-Listed Companies Reach Two-Year High Amid Global Energy Shocks
Chancellor John Healey Signals Targeted Tax Changes on Banks and London Corporate Offices Ahead of Budget
British Government Reallocates Twenty-Five Per Cent of International Climate Finance to Global Biodiversity Projects
Initial British Carbon Border Taxes Set to Undercut Parallel European Union Tariffs on Industrial Imports
Whitehall Prepares National Zero-Interest Loan Initiative to Accelerate Domestic Heat Pump and Solar Adoption
European Union Offers British Automakers Access to Hybrid Vehicle Trade Protections Subject to Strict Regulatory Alignment
British Probation Officers Threaten Widespread Industrial Action After Rejecting Five Per Cent Government Pay Offer
Microsoft Abandons Major British Artificial Intelligence Data Centre Citing Severe National Grid Power Constraints
United Kingdom Inflation Accelerates to Three Point Four Per Cent Ahead of Chancellor John Healey's Inaugural Autumn Budget
Surging Cloned Number Plates Severely Complicate Traffic Enforcement and Police Investigations
Mounting Opposition Challenges Planned Rollout of Autonomous Taxis Across London
Influential Think Tank Urges Rejoining European Union to Navigate Geopolitical Crises
Government Review Recommends Slashing Benefits to Fund Youth Employment Initiatives
Senior Minister Shabana Mahmood Seeks New Law Enforcement Pact With European Union
Airbus Executive Warns Britain Risks Losing Crucial Role in European Space Industry
Exorbitant Electricity Costs Push British Steelmakers to Worst Competitive Position in Three Years
British Food and Beverage Exports to European Union Collapse by Over a Third Since Brexit
Up to Twenty English Maternity Units Face Impending Closure Due to Safety and Staffing Crises
Government Declares Severe Drought Across Southern England Following Record Dry Spell
Corporate Profit Warnings Reach Two-Year High Amid Middle East Conflict and Rising Costs
International Monetary Fund Warns Chancellor John Healey Against Proposed Bank Tax Raid
Northern Ireland Secures Favorable Agricultural Export Agreement with European Union
Scottish Government Approves Major Offshore Floating Wind Farm Near Aberdeenshire
High Speed Two Rail Project Faces Three Billion Pound Cost Escalation on Initial Phase
National Health Service Warns of Winter Capacity Crisis Across English Hospitals
Tata Steel Confirms Two Thousand Job Cuts at Port Talbot to Fund Green Transition
Global Microchip Developer Announces Three Billion Pound Semiconductor Plant in Cambridge
United Kingdom Artificial Intelligence Safety Institute Proposes Mandatory Licensing for Generative Models
United Kingdom Commits Additional Long-Range Weapons and Air Defenses to Ukraine
British Chancellor Overhauls Infrastructure Financing to Bypass Borrowing Constraints
Bank of England Holds Benchmark Interest Rate at Four Point Five Percent
First Minister Rhun ap Iorwerth Confirms Constitutional Discussions Over Welsh Independence During Initial Bilateral Call with Prime Minister
×