Scotland’s not proven verdict could be scrapped as part of a reform of the nation’s justice system.
The verdict is one of three verdicts in Scottish courts that can be returned by juries in a trial, alongside guilty and not guilty.
But critics have said the policy is unclear, and it is believed it will soon be discontinued.
What is the not proven verdict?
The verdict is not available anywhere else in UK and is one of three verdicts a Scottish jury can return after a trial. If a jury cannot decide if a person is guilty or not, it can return with the not proven verdict. Defendants’ legal position is the same as if they had been found not guilty.
Why might it be scrapped?
Campaigners against the not proven verdict say it is a grey area. It can leave victims and their families unable to move on, as there is no clear answer in the eyes of law. It is argued the verdict fails to provide closure for victims on one hand, while also not completely clearing people of the allegations they are facing. A proposal to end it is in a bill recently published by the Scottish Parliament.
However, the Law Society of Scotland has warned there could be an increase in miscarriages of justice, with juries more likely to convict than not convict if those are the only two options.
Which countries have the not proven verdict?
The not proven verdict is available only in Scotland. The verdict goes back to the 17th century and many feel it is outdated and too similar to not guilty.
What are other potential changes are part of reform plans?
The shake-up of the justice system could also cut the number of jurors in criminal trials from 15 to 12, and trials for indictable-only offences, such as rape and attempted rape, could be held without a jury, with only a judge present.
