SCOTS law still has its fair share of odd features – but for international lawyers, nothing is stranger than the fact we have three verdicts in…
still has its fair share of odd features – but for international lawyers, nothing is stranger than the fact we have three verdicts in criminal cases. Visiting professors frown and want historical explanations. Exchange students look baffled as the colourful eccentricity of our old and occasionally craggy legal system is explained to them.
Others point out the fact that the language of “proven” and “not proven” seem to fit better what we ask juries to do – decide whether the prosecution has proven its case beyond a reasonable doubt. Research suggests public misconceptions about what the verdict means continue to thrive. Some believe that a “not proven” verdict allows prosecutors to reopen the case or reindict the accused. This isn’t true either.is unusual in having three verdicts. Scotland is unusual in having juries of 15 in criminal cases.
The Committee’s 200-page assessment has a few surprises in it. On a cross-party basis, MSPs have knocked back – or demanded significant changes to – significant aspects of the bill which you might have imagined would pass on the nod. The Cabinet Secretary for Justice has already conceded that the bill will inevitably be amended, but the Scottish Government now faces a series of difficult choices about which policies to press ahead with, which to trim back, and which to dump.
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