London Daily

Focus on the big picture.
Friday, Aug 22, 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
Ukraine Declares De Facto War on Hungary and Slovakia with Terror Drone Strikes on Their Gas Lifeline
Animated K-pop Musical ‘KPop Demon Hunters’ Becomes Netflix’s Most-Watched Original Animated Film
New York Appeals Court Voids Nearly $500 Million Civil Fraud Penalty Against Trump While Upholding Fraud Liability
Elon Musk tweeted, “Europe is dying”
Far-Right Activist Convicted of Incitement Changes Gender and Demands: "Send Me to a Women’s Prison" | The Storm in Germany
Hungary Criticizes Ukraine: "Violating Our Sovereignty"
Will this be the first country to return to negative interest rates?
Child-free hotels spark controversy
North Korea is where this 95-year-old wants to die. South Korea won’t let him go. Is this our ally or a human rights enemy?
Hong Kong Launches Regulatory Regime and Trials for HKD-Backed Stablecoins
China rehearses September 3 Victory Day parade as imagery points to ‘loyal wingman’ FH-97 family presence
Trump Called Viktor Orbán: "Why Are You Using the Veto"
Horror in the Skies: Plane Engine Exploded, Passengers Sent Farewell Messages
MSNBC Rebrands as MS NOW Amid Comcast’s Cable Spin-Off
AI in Policing: Draft One Helps Speed Up Reports but Raises Legal and Ethical Concerns
Shame in Norway: Crown Princess’s Son Accused of Four Rapes
Apple Begins Simultaneous iPhone 17 Production in India and China
A Robot to Give Birth: The Chinese Announcement That Shakes the World
Finnish MP Dies by Suicide in Parliament Building
Outrage in the Tennis World After Jannik Sinner’s Withdrawal Storm
William and Kate Are Moving House – and the New Neighbors Were Evicted
Class Action Lawsuit Against Volkswagen: Steering Wheel Switches Cause Accidents
Taylor Swift on the Way to the Super Bowl? All the Clues Stirring Up Fans
Dogfights in the Skies: Airbus on Track to Overtake Boeing and Claim Aviation Supremacy
Tim Cook Promises an AI Revolution at Apple: "One of the Most Significant Technologies of Our Generation"
Apple Expands Social Media Presence in China With RedNote Account Ahead of iPhone 17 Launch
Are AI Data Centres the Infrastructure of the Future or the Next Crisis?
Cambridge Dictionary Adds 'Skibidi,' 'Delulu,' and 'Tradwife' Amid Surge of Online Slang
Bill Barr Testifies No Evidence Implicated Trump in Epstein Case; DOJ Set to Release Records
Zelenskyy Returns to White House Flanked by European Allies as Trump Pressures Land-Swap Deal with Putin
The CEO Who Replaced 80% of Employees for the AI Revolution: "I Would Do It Again"
Emails Worth Billions: How Airlines Generate Huge Profits
Character.ai Bets on Future of AI Companionship
China Ramps Up Tax Crackdown on Overseas Investments
Japanese Office Furniture Maker Expands into Bomb Shelter Market
Intel Shares Surge on Possible U.S. Government Investment
Hurricane Erin Threatens U.S. East Coast with Dangerous Surf
EU Blocks Trade Statement Over Digital Rule Dispute
EU Sends Record Aid as Spain Battles Wildfires
JPMorgan Plans New Canary Wharf Tower
Zelenskyy and his allies say they will press Trump on security guarantees
Beijing is moving into gold and other assets, diversifying away from the dollar
Escalating Clashes in Serbia as Anti-Government Protests Spread Nationwide
The Drought in Britain and the Strange Request from the Government to Delete Old Emails
Category 5 Hurricane in the Caribbean: 'Catastrophic Storm' with Winds of 255 km/h
"No, Thanks": The Mathematical Genius Who Turned Down 1.5 Billion Dollars from Zuckerberg
The surprising hero, the ugly incident, and the criticism despite victory: "Liverpool’s defense exposed in full"
Digital Humans Move Beyond Sci-Fi: From Virtual DJs to AI Customer Agents
YouTube will start using AI to guess your age. If it’s wrong, you’ll have to prove it
×