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On the ‘not proven’ verdict: McMahon go ahead to draft reform bill

2013 May 23
by Mary Munro


“Talking point: Passing verdict”

Following posted on 22.4.13

“McMahon to press ahead with two-verdict bill” Law Society Journal Online

Following posted on 26.10.12

“Rape trial mum says not proven guilty for accuser ruined her life” Daily Record
“Scandal of rape trial escape clause as it is revealed one in five sex attack cases in Scotland end ‘not proven'” Daily Record
“Rape trial ‘not proven’ ruling left me feeling like a criminal, says teenager” Daily Record
“Mum who endured double rape trial torment demands ‘not proven’ verdict to be scrapped” Daily Record

Following posted on 29.6.12

“The jury’s out as consultation opens on abolishing ‘not proven’ verdict” STV
“Opinions sought on verdicts” Herald
“Verdict on ‘not proven’ sought from Scottish public” BBC
“Proven or Nor Proven? MSP launches 2nd attempt to overhaul criminal verdicts” The Firm Magazine
“Statement from Michael McMahon MSP on Two Verdicts” The Firm Magazine

Following posted on 28.11.11

“Justice secretary is ‘open minded’ about future of not proven verdict” STV
“Not proven? A non-verdict that leaves me nonplussed” Scotsman

Following posted on 10.4.07

“MSP’s case against ‘not proven’ does not bear scrutiny” Scotsman

Following posted on 03.04.07

“Individuals are presumed innocent until proven guilty – third verdict is illogical” Scotsman. Article by Dr Hugh McLachlan, Reader in Law at Glasgow Caledonian University in response to Lord McCluskey (see below).

Following posted on 02.04.07

“Scots law recognises a human truth: sometimes an argument is ‘not proven'” Sunday Herald
“Is it time for ‘not proven’ to be kicked out of court?” Evening Times

Following posted on 29.03.07

“Move to scrap ‘not proven'” Evening Express
“Not proven verdict goes on trial at Holyrood for the first time” Herald
“The third verdict” Herald
“New campaign is launched to rid Scottish legal system of the 300-year-old ‘bastard verdict'” Scotsman
“Legal verdict that has proved its worth” Scotsman. Article by Lord McCluskey.
“Plea for ‘not proven’ abolition” BBC
“MSP bids to have not proven verdict abolished” STV
“MSP launches bid to axe not proven verdict “ Evening Times
“MSP in bid to scrap three–verdict system” Law Society Journal Online

Following posted on 8.5.06

“Unloved verdict stands test of word and law” Scotsman. Article by Lord McCluskey.

Following posted on 2.5.06

“The nonsensical verdict that mars Scottish justice” Scotsman. Article by Dr Hugh McLachlan, of the School of Law and Social Sciences, Glasgow Caledonian University.
Following posted on 24.4.06
“Agony of ‘not proven’ verdict” Herald
“Why jury’s still out on not proven verdict” Evening Times
“England may adopt “not proven” verdict” Law Society Journal Online
“Cutting compensation for miscarriages of justice makes sense … if you mistrust people” Sunday Herald

Following posted on 20.4.06

“Clarke considers case for a not proven verdict in England” Herald
“English law may adopt Scots ‘not proven’ verdict to limit miscarriage of justice payouts” Scotsman
“Judges who are in doubt should have verdict of ‘not proven’ “ Times
“Anger at legal compensation shakeup” Guardian
“Wrongful conviction payouts to be cut by £5m” Independent

Following posted on 30.3.05

“No doubt in defence of verdict “ Evening News. Article by George More, principal of George More & Co Criminal Defence Lawyers.
Update 21.3.05
“The case for keeping ‘not proven’ verdict” Times
Following posted on 17.3.05
“Debate over unique verdict is rekindled” Herald
“Call to scrap third trial verdict” Evening News
“Body of evidence against legal conclusion “ Evening News

Following posted on 7.2.05

“Our son’s death was made worse by the law “ Scotsman

Following posted on 17.1.05

“‘Not proven’ verdict faces European test” Times
“European Court of Human Rights is to review Scotland’s “not proven” verdict” Scottish TV
(“Findlay set to pen defence of not proven verdict” Sunday Herald)

“Was the case against Jackson ‘not proven’? “ Scotsman 16.6.05

Following posted on 2.12.04

“Move to scrap Scots option of not proven verdict “ Guardian

Following posted on 22.11.04.

“Not proven verdict under threat” Scotsman
“Arguing the case for our ‘bastard verdict'” Scotsman
“Jury out on ‘not proven'” Scotsman
“In the dock: MSP bids to axe ‘not proven’ end to court cases” Sunday Mail 21.11.04

Following posted on 15.6.04

“Not Proven verdict stands accused of sending a mixed message” Scotsman

See also

Proposed Reform of Criminal Verdicts (Scotland) Bill (lodged June 2012)
Criminal Procedure (Reform of Verdicts) (Scotland) Bill lodged by Michael McMahon MSP on 27.3.07, fell at dissolution.
Written Ministerial Statement – Compensation for Miscarriages of Justice

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