Response 435419495

Back to Response listing

Part 2: The Not Proven Verdict

Question 1. Which of the following best reflects your view on how many verdicts should be available in criminal trials in Scotland?

Please select one item
Scotland should keep all three verdicts currently available
Scotland should change to a two verdict system
Please give reasons for your answer:
simple and clearer

Question 2. If Scotland changes to a two verdict system, which of the following should the two verdicts be?

Please select one item
Guilty and not guilty
Proven and not proven
Other

Question 4. Below are some situations where it has been suggested a jury might return a not proven verdict. How appropriate or inappropriate do you feel it is to return a not proven verdict for each of these reasons?

The jury returns a not proven verdict because they believe the person is guilty, but the evidence did not prove this beyond a reasonable doubt.
Please select one item
1 – Appropriate
2 – Inappropriate
3 – Don't know
The jury returns a not proven verdict because they believe the case has not been proven beyond reasonable doubt, but they wish to publicly note some doubt or misgiving about the accused person.
Please select one item
1 – Appropriate
2 – Inappropriate
3 – Don't know
The jury returns a not proven verdict because they believe the case has not been proven beyond reasonable doubt, but they wish to indicate to complainers and/or witnesses that they believe their testimony.
Please select one item
1 – Appropriate
2 – Inappropriate
3 – Don't know
The jury returns a not proven verdict as a compromise, in order to reach agreement between jurors who think the right verdict should be guilty and others who think it should be not guilty.
Please select one item
1 – Appropriate
2 – Inappropriate
3 – Don't know

Question 5. Do you believe that the not proven verdict acts as a safeguard that reduces the risk of wrongful conviction?

Please select one item
Yes
No
Unsure

Question 6. Do you believe that there is more stigma for those who are acquitted with a not proven verdict compared to those acquitted with a not guilty verdict?

Please select one item
Yes
No
Unsure

Question 7. Do you believe that the not proven verdict can cause particular trauma to victims of crime and their families?

Please select one item
Yes
No

Part 3: Jury Size

If Scotland changes to a two verdict system:

Please select one item
Jury size should stay at 15 jurors
Juries should change to 12 jurors
Juries should change to some other size

Part 4: Jury Majority

If Scotland changes to a two verdict system:

Please select one item
We should continue to require juries to reach a “simple majority” decision (8 out of 15).
We should change to require a “qualified majority” in which at least two thirds of jurors must agree (this would be 10 in a 15 person jury, or 8 in a jury of 12).
We should reduce the jury size to 12 and require a “qualified majority” of 10 jurors for conviction as in the system in England and Wales.
We should change to some other majority requirement.

Question 10. Do you agree that where the required majority was not reached for a guilty verdict the jury should be considered to have returned an acquittal?

Please select one item
Yes
No
Unsure

Part 5: The Corroboration Rule

(a). If Scotland remains a three verdict system and keeps the simple majority:

Please select one item
Scotland should abolish the corroboration rule
Scotland should reform the corroboration rule
Scotland should keep the corroboration rule as it is currently

(b). If Scotland changes to a two verdict system and keeps the simple majority:

Please select one item
Scotland should abolish the corroboration rule
Scotland should reform the corroboration rule
Scotland should keep the corroboration rule as it is currently

(c). If Scotland changes to a two verdict system and increases the jury majority

Please select one item
Scotland should abolish the corroboration rule
Scotland should reform the corroboration rule
Scotland should keep the corroboration rule as it is currently

Question 13. Do you feel further safeguards against wrongful conviction should be in place before any reform or abolition of the corroboration rule?

Please select one item
Yes
No

About you

Are you responding as an individual or an organisation?

Please select one item
(Required)
Individual
Organisation

(Optional) If you are responding to this consultation as an individual, please select any of the following that apply:

Please select all that apply
Not applicable – this response is on behalf of an organisation
I have been/I am a victim/complainer/survivor of a crime that was reported to the police
I am a family member or friend of a victim/complainer/survivor of a crime that was reported to the police
I have been charged with a crime
I am a family member or friend of someone who has been charged with a crime
I have been a juror in a criminal trial
None of the above