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The abolishment of the 'Not Proven' verdict in Scotland

The ‘not proven’ verdict is a second acquittal verdict unique to Scots law, that exists alongside the ‘not guilty’ verdict. An accepted definition of the ‘not proven’ verdict does not exist, yet it can be suggested that it is used when the jury thinks the accused to be probably guilty but does not find that the case has been proved beyond reasonable doubt. Judges have been instructed not to endeavour to explain the difference between the two acquittals. Consequently, jurors receive no direction or clarification on this difference between ‘not proven’ and ‘not guilty’, or on the meaning of the verdict in general.

In September 2022, then First Minister, Nicola Sturgeon announced the introduction of the Criminal Justice (Scotland) Bill. If this is passed, the ‘not proven’ verdict will be abolished.

Arguments have arisen that this verdict grants jurors the opportunity to ‘sit on the fence’. With this, there are arguments that it is illogical for there to be two acquittal verdicts, with no explanation as to the difference between them. Nevertheless, this verdict has been regarded as a safeguard that decreases the likelihood of wrongful convictions. As well as this, the current system seems to work well, so is there a need to change it?