Keith Brown

The consultation on Scotland’s unique three-verdict system will gather opinions from the public, as well as the legal sector, third sector, and those with direct experience of the justice system.

The consultation also considers jury size, the majority required for conviction and the requirement for corroboration.

In Scottish criminal trials there are three verdicts available: ‘guilty’, ‘not guilty’ and ‘not proven’. The ‘not proven’ verdict is available in all criminal cases and the legal implications are exactly the same as a ‘not guilty’ verdict.

However, there is no definition of the ‘not proven’ verdict, nor of the difference between the ‘not proven’ and ‘not guilty’ verdicts.

The Scottish government commissioned mock jury research – published in 2019 – which highlighted inconsistent views on the meaning and effect of the ‘not proven’ verdict and how it differs from ‘not guilty’.

The Scottish legal profession is divided in its opinion on the third verdict. The abolitionists claim it will increase the conviction rate for rape, despite similar rates in England, while its supporters say it is ‘logical’.

Justice Secretary Keith Brown claimed the government had “no settled view” on the next steps.

He said: “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.

“We will take an open and consultative approach to these complex matters and - as part of this consultation - seek to capture the views of a broad range of stakeholders including legal professionals, the third sector and those with lived experience of the system.

“This government has no settled view on potential next steps and I want to listen to what consultees tell us before we weigh all the evidence and reach a decision.”