"Not proven" verdict consultation begins

A consultation has opened about the future of Scotland's 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.

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, is 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.

Society issues miscarriages warning

In a response, the Law Society of Scotland said that that fundamental principles must be maintained in any future considerations for change.

Debbie Wilson, Convener of the Law Society of Scotland Criminal Law Committee, commented:

"Any potential plans for change must be consistent with the principles of the Scottish criminal justice system which recognise the presumption of innocence, maintain the rights of all those involved and minimise the risk of a miscarriage of justice.

"The debate over Scotland’s three verdicts and the requirement for corroboration has returned several times over the years. In considering how we can improve the criminal justice system it remains vital that no single change is made in isolation to remove the risk of unintended consequences. There must be careful consideration of the system as a whole to ensure that any future proposals for change will deliver real improvements.

"It is important that the profession and all those involved in the criminal justice system consider the consultation in detail and respond."

A survey by the Society of solicitors' views in August this year found a prevailing view that whether Scotland retains a three-verdict criminal justice system or moves to a two-verdict one, the not proven verdict should remain. Solicitors also said that any change would require a number of other amendments to safeguard against miscarriages of justice.

Click here to access the consultation. Responses are due by 11 March 2022.