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Difficulty: EasyCriminal Courts in Scotland

In the Scottish criminal justice system, what is the legal consequence for a defendant if the jury returns a verdict of 'not proven'?

  1. The defendant is acquitted and releasedAnswer
  2. B
    The trial is declared a mistrial and must be restarted
  3. C
    The defendant is found guilty but receives no punishment
  4. D
    The case is suspended until new evidence is discovered

Answer

The defendant is acquitted and released
In the Scottish criminal justice system, there are three possible verdicts: guilty, not guilty, and not proven. The 'not proven' verdict is used when the prosecution has not provided enough evidence to prove guilt beyond a reasonable doubt, but the jury or judge is also not prepared to say the defendant is 'not guilty'. Legally, it has the exact same effect as a 'not guilty' verdict, meaning the defendant is acquitted and released.

Step-by-Step Solution

1
Identify the unique Scottish verdict mentioned in the question.
The verdict is 'not proven'.
The question specifically asks about the outcome of a 'not proven' verdict in Scotland.
2
Recall the three possible outcomes in a Scottish criminal trial.
Guilty, Not Guilty, and Not Proven.
Scotland is unique in the UK for having three possible verdicts.
3
Determine the legal status of a 'not proven' verdict.
It results in an acquittal.
In Scottish law, both 'not guilty' and 'not proven' have the same legal effect: the defendant is acquitted and cannot be tried again for the same crime.

Key Concept

Scottish Criminal Verdicts
Estimated Time:45s
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Topics

Criminal Courts in Scotland

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