Not proven

Not proven is a verdict available to a court in Scotland. Under Scots law, a criminal trial may end in one of three verdicts: one of conviction ("guilty") and two of acquittal ("not proven" and "not guilty").

Historically, the two verdicts available to Scots juries were that the case had been "proven" or "not proven". However, in a dramatic case in 1728 the jury asserted "its ancient right", meaning that it decided not to apply the law, despite evidence, as they believed that the death was an accident and not murder. The jury decided to bring in a "not guilty" verdict even when the facts of the case were proven. As the "not guilty" verdict gained wide acceptance amongst Scots juries, Scots began to use "not guilty" in cases where the jury felt the "not proven" verdict did not adequately express the innocence of the person on trial. Shrewd defence then further encouraged this interpretation in order to persuade juries unwilling to bring in a "not guilty" verdict that the "not proven" could be brought in as a lesser or "third verdict".

The result is the modern perception that the "not proven" verdict is an acquittal used when the judge or jury does not have enough evidence to convict but is not sufficiently convinced of the accused person's innocence to bring in a "not guilty" verdict. Essentially, the judge or jury is unconvinced that the suspect is innocent, but has insufficient evidence to the contrary.

Out of the country, the "not proven" verdict may be referred to as the Scottish verdict, and in Scotland itself it may be referred to colloquially as the bastard verdict, which was a term coined by Sir Walter Scott, who was sheriff in the court of Selkirk.

In Scottish criminal courts, the person on trial is referred to as the accused. If the accused is convicted, he or she is thereafter referred to as the convicted.

The three verdict system was established in Scots law by 1728 (since then juries have been able to pass a not guilty verdict). For some time before this, there were just two verdicts: Proven and Not proven; scholars dispute the origins of this system.

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