Not proven

Not proven (Scots: No pruiven, Scottish Gaelic: gun dearbhadh^[1]) is a verdict available to a court of law 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").^[2][3]

Between the Restoration in the late 17th century and the early 18th century, jurors in Scotland were expected only to find whether individual factual allegations were proven or not proven, rather than to rule on an accused's guilt.^[4] In 1728, the jury in a murder trial asserted "its ancient right" to declare a defendant "not guilty".^[5] Over time, the "not guilty" verdict regained wide acceptance and use amongst Scots juries, with the encouragement of defence lawyers. It eventually displaced "not proven" as the primary verdict of acquittal. Nowadays, juries can return a verdict of either "not guilty" or "not proven", with the same legal effect of acquittal.^[6]

Although historically it may be a similar verdict to not guilty, in the present day not proven is typically used by a jury when there is a belief that the defendant is guilty but The Crown has not provided sufficient evidence.^[7] Scots law requires corroboration; the evidence of one witness, however credible, is not sufficient to prove a charge against an accused or to establish any material or crucial fact.

In Scotland, there have been attempts to abolish what Sir Walter Scott famously called that bastard verdict.^[8] In 1827, Scott, who was sheriff in the court of Selkirk, wrote in his journal that "the jury gave that bastard verdict, Not proven.^[9]

It is proposed to remove the not proven verdict as part of a 2023 judicial reform.^[10]