Not Proven

The abolition of 'not proven' could endanger the presumption of innocence, ministers have been warned. Stuart Murray, president of the Scottish Solicitors Bar Association, told MSPs at Holyrood that the third verdict is a “safety valve” for jurors.

Dear Editor, In his opinion piece on the Victims, Witnesses, and Justice Reform (Scotland) Bill, published yesterday, Douglas Cusine states that there is no evidence for the assertion that jurors rely on so-called “rape myths” that does not come from mock trials. This is not the first ti

Donald Findlay KC has accused the Scottish government of undermining the justice system for mere "vote-gathering". His comments come in response to proposals from Scottish ministers to pilot juryless trials for rape cases and to eliminate the 'not proven' verdict.

Scotland’s domestic abuse legislation better reflects victims’ experiences, according to new research. By recognising abuse as a pattern of behaviour, the Domestic Abuse (Scotland) Act 2018 closer matches victims’ accounts of psychological and physical harm over time, according to

It was probably foreseeable that the 'not proven' verdict would go. While not all of the reasons for getting rid of it are cogent, we have to accept that it will be consigned to legal history. However, an important point is what will replace it. There may be an attraction to adopting the English ter

Scotland's third verdict is a step closer to being consigned to history following the publication of a new report. An analysis report on a consultation on reform of 'not proven' received 200 responses from the public, legal sector and others.

The Law Society of Scotland has outlined its opposition to plans to abolish the 'not proven' verdict in Scottish criminal cases, arguing that the change risks an increase in miscarriages of justice. It claimed the focus on moving away from the system of three verdicts was "irresponsible" at a time w

A Scottish government consultation seeking views on Scotland’s not proven verdict and related reforms closes this Friday. The consultation is gathering opinions from the public, as well as the legal sector, third sector, and those with direct experience of the justice system.

Douglas J. Cusine highlights a worrying bias in the Scottish government's consultation on the 'not proven' verdict, which sits alongside its botched consultation on the reform of legal regulation. As was mentioned in Scottish Legal News in December, the Scottish government is consulting on the &ldqu

Kenny MacAskill has said the Scottish government must “come clean” over whether it was allowing prosecutors and women's groups to lay the ground for radical reform of the justice system as senior legal figures continue to insist on juryless trials. Mr MacAskill wrote to Justice Secretary

The Scottish Conservatives have launched a consultation for their 'Victims Law', which aims to "put victims of crime at the heart of Scotland’s justice system". The member’s bill, introduced by Scottish Conservative justice spokesman Jamie Greene MSP, would abolish 'not proven', and full

Responding to the launch of the Scottish government’s consultation on Scotland’s three verdicts, the Law Society of Scotland has said that the fundamental principles of Scots criminal law must be maintained in any future considerations for change. Debbie Wilson, convener of the Law Socie

A consultation seeking views on Scotland’s 'not proven' verdict and related reforms has opened. 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 syst

Dear Editor, In an effort to contribute to the debate on the 'not proven' verdict may I make a simple point which I have not yet seen reflected in any discussion on the matter.

The 'not proven' verdict was returned the least by juries in sexual offence trials between 2016 and 2020, a freedom of information request has shown. In such cases, Scotland's third verdict was used: