Scotland's unique and fiercely contested 'not proven' verdict is teetering on the brink of abolition, as Members of the Scottish Parliament prepare for a historic vote that could reshape the nation's centuries-old legal identity.
This third verdict, a perplexing quirk of Scots law that allows juries to return a finding of neither guilt nor innocence, has long been a magnet for controversy. Critics, including leading legal experts and victims' rights campaigners, decry it as a confusing and unjust loophole that fails everyone involved.
A Verdict Born from a Sword Fight
The origins of 'not proven' are as murky as the verdict itself. Its infamous history is often traced back to a deadly 17th-century duel that exposed the dire need for legal clarity.
In 1728, a man named Carnegie of Finhaven was accused of murdering the Earl of Strathmore. The altercation began as a sword fight, and during the struggle, the Earl was fatally wounded. The jury, convinced Carnegie had no premeditated intent to kill but feeling unable to fully acquit, found the charges 'not proven'. He was freed, but the shadow of doubt remained.
This case cemented the verdict's place in the legal system, creating a legacy that has persisted for nearly 300 years.
Why Campaigners Demand Its End
For modern-day opponents, the verdict is a profound failure. They argue it offers a coward's way out for juries deadlocked by doubt and delivers a devastating blow to victims who are denied clear vindication.
Russell Findlay MSP, a prominent critic and justice spokesperson for the Scottish Conservatives, lambasts the verdict as "an affront to justice." He states, "It helps no one. It leaves the accused under a cloud of suspicion while denying justice to victims and their families."
The campaign for abolition has gained significant momentum, finding a powerful advocate in Miss M, a rape survivor whose own case resulted in a 'not proven' outcome. Her traumatic experience and subsequent fight for legal change have been instrumental in pushing the issue to the top of the political agenda.
The Road to Abolition
The Scottish Government, under pressure, has now tabled legislation—the Victims, Witnesses, and Justice Reform (Scotland) Bill—that includes the abolition of the controversial verdict. This move promises to simplify the Scottish judicial process, bringing it in line with most of the world by adopting a binary system of simply 'guilty' or 'not guilty'.
As MSPs debate the bill, the eyes of the legal world are on Holyrood. The decision will mark the end of a legal anomaly and, for many, rectify a historic wrong that has stained Scotland's justice system for generations.
