Not Proven

The Scottish Law Agents’ Society has backed the preservation of the 'not proven' verdict, arguing that the case for its abolition has not been substantiated. Andrew Stevenson, secretary of SLAS, said the organisation's council supports retention of the verdict because it is "logical".

Scots lawyers would like the 'not proven' verdict preserved whether Scotland adopts a two or three verdict system, a survey by the Law Society of Scotland has found. The survey – the majority of whose respondents were civil practitioners – asked about the need for change in the context o

The Dean of Faculty has cautioned against “kneejerk reactions” to abolishing the 'not proven' verdict and dividing the role of the Lord Advocate. Roddy Dunlop QC made the remarks as Dorothy Bain QC was sworn in as Lord Advocate. Ms Bain replaces James Wolffe QC, during whose tenure polit

In the 53rd and bonus addition to the jurisprudential primer series, Kapil Summan discusses the debate around the 'not proven' verdict and the views of its supporters and detractors. Thanks are due to Benjamin Bestgen and Dr Brian Barry, of Technological University Dublin, with whom the author had u

The 'not proven' verdict is neither logical nor sensible, undermines the presumption of innocence and should be abolished, a recently retired judge has said. Writing in Scottish Legal News today, Lord Uist, who retired from the bench in February, said that the third verdict was "wholly indefensible

Alistair Bonnington, of Quis, questions the reasoning behind calls to scrap the 'not proven' verdict.  Amongst the free bikes, free laptops and the like, we find Nicola Sturgeon's manifesto for May's election also suggesting that the Scots 'not proven' verdict will have to go. For a long time i

Dear Editor I see the eternal debate about the merits of the 'not proven' verdict has flared up again.

Advocate Tony Lenehan responds to yesterday's piece from academics on the 'not proven' debate. My article wasn’t intended to irk the professor and his academic colleagues. When he admits that the Scottish Jury Research evidence base isn’t perfect, in the largest part that is because Prof

Professors James Chalmers, Fiona Leverick and Vanessa Munro address the 'not proven' debate with clarity and precision. In a recent piece in Scottish Legal News, Tony Lenehan argues that “the argument behind abolishing the 'not proven' verdict must be that juries can’t be trusted to conv

Last week Sheriff (rtd.) Douglas Cusine contributed an article to Scottish Legal News entitled ‘Not proven’ debate lacks clarity. In it, he said, “For me, a ‘not proven’ verdict reflects what we have all experienced, and that is, ‘I’m just not sure.” S

With great power comes great responsibility. I know that this quote is most often attributed (wrongly) to Spider-Man. Perhaps it has its true genesis in Luke 12:48, but for present purposes the hint of superpower is apt.

First Minister Nicola Sturgeon has said it is time to consider abolishing Scotland's unique 'not proven' verdict. Ms Sturgeon said she had changed her view of the third verdict because of "mounting evidence" of a relationship between 'not proven' and low conviction rates in sexual offences cases.

The Scottish Conservatives have pledged to abolish the "not proven" verdict in a series of criminal justice election promises. Leader Douglas Ross highlighted a "disproportionate number of not proven verdicts in rape cases", which, he said, "certainly doesn't deliver for the victim [sic] and it stil

Scottish Conservative leader Douglas Ross has vowed to scrap the not proven verdict. At the party’s conference in Perth, he said the verdict “serves no useful purpose in a modern justice system”.

Solicitor advocate Robert More calls for the preservation of the not proven verdict and argues in favour of reforming Scotland's jury system. Last week I had my first experience of the virtual jury system which Lady Dorrian’s working party secured to ensure the continuation during lockdown of