VocabuLaw

Not Proven Verdict

What is it and what does it mean?

Description of the legal term Not Proven Verdict:

The “not proven” verdict is a unique aspect of Scots Law, the legal system in Scotland, which is distinct from the rest of the United Kingdom’s legal systems. In Scotland, a criminal trial can end with one of three possible verdicts: guilty, not guilty, or not proven. The not proven verdict is somewhat controversial and often misunderstood, as it suggests that the jury or judge is not entirely convinced of the defendant’s innocence, yet there is insufficient evidence to convict.

This verdict carries the same legal consequence as a “not guilty” verdict; the accused is acquitted and cannot be retried for the same crime, in accordance with the principle of double jeopardy. However, it leaves open an implication of suspicion against the accused. Critics argue that it can stigmatize individuals, as it lacks the vindication of a not guilty verdict. Supporters of the verdict maintain that it provides juries with a third option, reflecting the uncertainty that can exist when the evidence does not fully exonerate the accused nor does it suffice to condemn them.

While the not proven verdict is meant to reflect the high standard of proof required for a criminal conviction, which is ‘beyond reasonable doubt’, it can be seen as a compromise for juries that are torn between the defendant’s guilt and innocence. It allows jurors to express their doubts regarding the accused’s guilt without actually convicting them.

This verdict has been part of Scots Law for centuries, reportedly having been introduced to protect the accused from arbitrary and unjust convictions. Nevertheless, its usage has led to ongoing debates about its fairness and utility in the modern legal system. There are calls from various legal professionals, politicians, and members of the public to abolish it on grounds that it is antiquated and potentially unjust, thus revamping the criminal justice system in Scotland.

Legal context in which the term Not Proven Verdict may be used:

An example of a case where a not proven verdict might be applied could be a scenario involving an accusation of theft. Let’s say a local store owner accuses a person of stealing an expensive piece of jewelry. The store’s security footage shows the person in the vicinity of the jewelry stand at the time the theft supposedly occurred, and they possess a similar piece of jewelry shortly after. However, the footage is not clear enough to show the act of theft, and there is no definitive evidence linking the person to the crime, such as fingerprints or the stolen item being found in their possession. The jury, unconvinced beyond reasonable doubt of the person’s guilt due to the circumstantial evidence, may be reluctant to convict. However, they also have reservations about declaring the person unequivocally not guilty given the suspicious circumstances. Therefore, they might opt for a not proven verdict, recognizing the lingering doubts about the person’s innocence without legally condemning them.

Another situation where this verdict might come into play could involve allegations of assault where there are no witnesses other than the accuser and the accused. Suppose a person claims they were assaulted during an evening walk, but there is no physical evidence of the assault, and the accused has a partial alibi that does not completely rule out their involvement. The jury faces a difficult decision; there may be sympathy for the accuser and concern over the possibility of letting an offender go free. Yet, without compelling evidence, there is a significant risk of a wrongful conviction. The not proven verdict enables the jury to acknowledge these complex circumstances while formally acquitting the accused due to reasonable doubt regarding their guilt.

The significance and complexity of the not proven verdict lie in its contrast with the binary guilty, not guilty system found in most jurisdictions. It is an emblem of Scotland’s distinct legal heritage, representing the nuanced realities of legal decision-making processes. As debates continue about its place in contemporary justice, the not proven verdict remains a subject of fascination and controversy, reflecting underlying tensions between societal desires for both justice and certainty.

This website is for informational purposes only and may contain inaccuracies. It should not be used as a substitute for professional legal advice.