End of not proven?

Scotland’s unique verdict could be scrapped despite opposition from the majority of the legal profession

SCOTLAND’S historic not proven verdict could be heading for the scrapheap after an official consultation found majority support for a shake-up.

More than 60 per cent of respondents want a move to two verdicts, with the favoured option a change to ‘guilty’ or ‘not guilty’, eliminating ‘not proven’.

But most of the lawyers who took part backed keeping the existing system because not proven is a ‘reflection of the Crown having failed to present sufficient evidence’ to establish guilt.

Before last year’s Holyrood election, the SNP pledged to review the three-verdict system, in recognition of ‘the strong case that can be made for abolition’.

Moving ahead with reform would put ministers on a collision course with senior lawyers, as the Faculty of Advocates has warned that ditching not proven could undermine the provision of ‘fair and equitable justice’.

But some victims’ groups which participated said they wanted not proven dropped, claiming it does not provide closure, particularly in sexual offences or ‘other crimes that are committed in private’.

Last night, Scottish Tory justice spokesman Jamie Greene, who backs the end of not proven, said: ‘A majority of people support removing Scotland’s outdated not proven verdict, as I proposed in my Victims Law.

‘The Scottish Conservatives pledged to scrap this verdict almost two years ago, something supported by many victims’ organisations, and the pressure is now on the SNP to deliver.’

The Scottish Government consultation published yesterday found some 62 per cent of the 194 answers to the question were in favour of moving to two verdicts.

Seven of the eight legal organisations that responded to the consultation wanted to keep the current system, while all advocacy groups and ten of the 17 academic respondents were in favour of a change to a two-verdict system.

Stuart Munro, convener of the Law Society of Scotland’s criminal law committee, said: ‘It is striking that such a fundamental change as abolishing Scotland’s long-standing three verdicts has provoked such a wide range of views and some deep concerns from those with the greatest understanding of our justice system. It underlines the care which the Scottish Government will need to take if it is going to move forward with removing the not proven verdict.’

Justice Secretary Keith Brown said the Scottish Government would ‘give careful consideration’ to the responses.