Not proven consultation opens

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 system - fulfilling a key Programme for Government commitment.

The consultation also considers jury size, the majority required for conviction and the requirement for corroboration.

In Scottish criminal trials there are three verdicts available: guilty, not guilty and not proven. The not proven verdict is available in all criminal cases and the legal implications are exactly the same as a not guilty verdict. However, there is no definition of the not proven verdict, nor of the difference between the not proven and not guilty verdicts.

The Scottish Government commissioned independent jury research - published in 2019 - which highlighted inconsistent views on the meaning and effect of the not proven verdict and how it differs from not guilty.

That research - followed by engagement with a broad range of stakeholders across the country - has helped inform the consultation being launched today.

Justice Secretary Keith Brown said:

“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.

“We will take an open and consultative approach to these complex matters and - as part of this consultation - seek to capture the views of a broad range of stakeholders including legal professionals, the third sector and those with lived experience of the system. 

“This Government has no settled view on potential next steps and I want to listen to what consultees tell us before we weigh all the evidence and reach a decision.”

Background

The consultation will run until 11 March, 2022.

Independent jury research published in 2019, and later engagement on the findings, highlighted inconsistent views on the meaning and effect of the not proven verdict and how it differs from not guilty.

The Scottish Government committed in its recent Programme for Government to launch during this year a public consultation on the three verdict system and whether the not proven verdict should be abolished, and to also consider reform of the corroboration rule.

It will also be important to consider potential reforms against the landscape of wider work including the recommendations of the Lord Justice Clerk’s review on the management of sexual offence cases, published in March 2021.