MSPS consider abolition of ‘not proven verdict’ in criminal cases

“Time has run out” for the controversial not proven verdict in Scottish courts, an MSP has said, as Holyrood debated abolishing it.

Jamie Greene said there had been attempts to reform the three-verdict system as far back as 1846, but a consensus for change may now exist.

Yesterday, MSPS debated a motion from the Conservative MSP which called for the removal of not proven.

The Scottish Government’s amendment accepted there was a “strong case that can be made for the abolition of the not proven verdict” but said a consultation on reforming the trial process overall should be completed.

Ending not proven is also part of a separate member’s bill proposed by Mr Greene.

Speaking during the debate yesterday, he said: “Every party went into the Scottish election promising action.

“We have been having this debate for years – for decades – actually, for centuries.

“I think its time has run out. And now we must act.”

Justice Secretary Keith Brown responded for the Government, saying the SNP had committed to a consultation on ending not proven in their election manifesto.

He said research had found jurors had inconsistent views on what the not proven verdict meant and how it differed from not guilty.

Mr Brown noted that rape and attempted rape cases had a higher rate of not proven verdicts.

However, he said a recent survey of lawyers in Scotland found 70% thought the not proven verdict should be retained.

He said: “There is clearly a breadth of informed, principled opinion on this matter and we owe it to all in the justice system to robustly consider and where appropriate challenge those views.”

Labour’s Katy Clark told MSPS that 44% of rape and attempted rape cases had resulted in a not proven verdict.

She said: “This suggests that there was evidence but the jury felt it did not meet the beyond reasonable doubt threshold.”

Jamie Greene.