the verdict allows jurors to compromise and ‘sit on the fence’.the verdict is incompatible with the presumption of innocence and may lead to an acquitted accused being stigmatised and.the existence of two verdicts of acquittal, where the difference between the two cannot properly be explained, is illogical in principle.The suitability of Scotland’s three verdict system has long been debated and the case against the not proven verdict has historically been a combination of the following arguments : Arguments for and against the not proven verdict However, many of the arguments in favour of the verdict’s retention or abolition are equally relevant, regardless of whether the verdict is to be determined by juries or judges. It is important to note that the third verdict is also used by sheriffs and justices of the peace in summary cases so any move to a two verdict system would affect all criminal cases. It is thought to be good practice to simply inform the jury that there are two verdicts of acquittal and that the accused cannot be tried again for the same offence.

Jurors therefore receive no instruction from a judge on the meaning of the verdict and how it differs from not guilty. The High Court has since successfully worked to discourage judges from expressing views about the appropriateness of the not proven verdict or what it might mean. There have been occasions where judges have attempted to explain the significance of the two acquittals, but this has resulted in appeals on the grounds of misdirection.Īccordingly, the Appeal Court has instructed judges not to attempt to describe the difference in verdicts to juries and commented that “in our view it is highly dangerous to endeavour to explain what the not proven verdict is in relation to the not guilty verdict”. There is no statutory, case law or generally accepted definition of the not proven verdict, nor of the difference between the not proven and not guilty verdicts. If either a not proven or not guilty verdict is returned, the effect is the same in that the accused is acquitted and generally cannot be tried again. If a guilty verdict is returned the accused is convicted of the crime. In Scottish criminal trials there are three verdicts available: guilty, not guilty and not proven.

Part 2: The Not Proven Verdict Background

Does acquitted mean not guilty