MSPs fail to back Verdicts Bill despite opposing "not proven"

The "not proven" verdict is out of favour with Holyrood's Justice Committee, but backing for the bill to abolish it has been withheld because the committee cannot support the proposed increase in the number of jury votes needed for conviction.

In its stage 1 report on the Criminal Verdicts (Scotland) Bill, a member's bill introduced by Labour MSP Michael McMahon, the committee states that a clear majority supports the intention of the bill to abolish the not proven verdict, but the committee considers that the proposal to require 10 out of 15 jury members to be in favour of conviction should be considered alongside the other reforms proposed by Lord Bonomy.

"The committee understands the reasons for Mr McMahon including this measure in the bill but notes the opposition to this proposal that arose in written evidence", the report concludes. "In our view, this underlines the benefit of further research on decision-making by juries before proceeding with the reforms set out in the bill.

"The committee hopes that the research on juries announced by the Scottish Government will proceed soon."

MSPs agreed with submissions in evidence that it is confusing to have two different acquittal verdicts that have the same legal consequences, and that although there is some logic to moving to a system of "proven" or "not proven", the presumption of innocence means that a not guilty verdict is the logical consequence of a chrage not being proven.

Committee convener Christine Grahame MSP commented: "Michael McMahon's Bill has shone a light on the ambiguities of the not proven verdict, and raised serious questions as to whether the verdict serves any useful purpose.

“Not proven is often deeply unsatisfactory for victims and no better for those acquitted on it.

“Like most members of the committee, I believe the not proven verdict is on borrowed time, but changes to majority verdict requirement raise complex questions that should be considered alongside other reforms, currently under consideration by Lord Bonomy.”

The full Parliament will decide whether the bill should proceed at the stage 1 debate.

Click here to view the committee's report, which includes an annexe with statistics on the use of the not proven verdict.