Justice secretary is 'open minded' about future of not proven verdict

Kenny MacAskill: The justice secretary said he was open minded about more changed to the legal system.© STV

The Justice Secretary Kenny MacAskill has paved the way for a review of Scotland's controversial not proven verdict after telling STV News he is "open minded" about its future.

Scotland is the only jurisdiction in the world which offers juries three potential verdicts; guilty, not guilty and not proven.

Under a not proven verdict, the accused person is acquitted and leaves court without a criminal record. But in the eyes of the public, it's not regarded as an unequivocal clearing of their name.

Legally, the area is fraught with such difficulty that the Court of Criminal Appeal has forbidden judges from telling juries the difference between not proven and not guilty. Its use in high profile cases always attracts controversy, most recently when a Hearts fan was cleared of attacking Celtic manager Neil Lennon.

Speaking on the day that key changes were made to the centuries old principle of double jeopardy, the Justice Secretary Kenny MacAskill said the Scottish Government would listen with an open mind if there is a new campaign for the verdict to be scrapped.

Mr MacAskill said its future is likely to be considered as part of the consultation process over Lord Carloway's report into criminal law and practice.

He told STV News: "The not proven verdict is a matter we'll doubtless consider and discuss. We're going to have to consult on Lord Carloway's recommendations for significant changes in the law of Scotland. Clearly if there's significant pressure or argument for change, we'll be happy to look at and consider that."

A not proven verdict cleared Francis Auld of murdering 19-year-old student Amanda Duffy in Hamilton in 1992. Amanda's parents campaigned for the verdict to be scrapped.

Her father Joe said: "I'd be absolutely delighted if he's open minded about it. We've campaigned long and hard over this over the years. All I want is a two verdict system - I don't mind whether it's proven and not proven, or guilty and not guilty. I just think we should have a two verdict system."

But leading lawyer Brian McConnachie QC urges caution.

Deputy chair of the Faculty of Advocates' criminal bar association, he said: "I don't think you could simply get rid of the not proven verdict without looking at other aspects of our procedure.

"In Scotland, juries convict of the basis of simple majorities. We have a jury of 15, and if eight people consider an accused to be guilty, then it's a guilty verdict.

"In England, where they don't have the not proven verdict, they don't have simple majority verdicts either. They have in effect unanimous verdicts."