PDA

View Full Version : Not Proven Verdict?



Rheghead
17-Nov-13, 19:22
What is the the progress on the SNP's policy of scrapping the Not Proven verdict and the Scottish point in law that 2 corroborative pieces of evidence need to prove fact?

http://www.scotsman.com/news/politics/top-stories/not-proven-fixture-of-scots-law-set-for-review-1-2973603

riggerboy
18-Nov-13, 06:59
if they are to scrap it, does that mean that everyone with a NOT proven verdict hanging over their heads, will need to go back to court and either get an innocent or guilty verdict, the not proven verdict in its own right is not a good one to have, you can be called back at any time if new evidence is found, there is a lot of people with it hanging over their heads, so to get rid of it would amount to a lot of re-called cases to court i would presume, or possibly scrap it now with the older cases being held until the person dies, ????

cptdodger
18-Nov-13, 19:36
if they are to scrap it, does that mean that everyone with a NOT proven verdict hanging over their heads, will need to go back to court and either get an innocent or guilty verdict, the not proven verdict in its own right is not a good one to have, you can be called back at any time if new evidence is found, there is a lot of people with it hanging over their heads, so to get rid of it would amount to a lot of re-called cases to court i would presume, or possibly scrap it now with the older cases being held until the person dies, ????

No, it's certainly not the verdict you want to get, you are neither guilty or innocent. If MacAskill wants to scrap this verdict, I would imagine a bill would have to be put through Parliament, then if it is passed, they would have to draw a line under it on the date it's passed, meaning, you live with the verdict you have been given. I do'nt know how prevalent the "not proven" verdict is, but can you imagine the cost to take everybody back to court that has been given that verdict? To be honest there would be little point unless more evidence was found (either way). I'm not even sure if the double jeopardy law still exists in Scottish law, if it does'nt, then the same would apply to being found innocent. However, that's just my take on the situation.

orkneycadian
18-Nov-13, 19:58
McKaskill should have been sacked after he let Bertiebassetalmegrahi out.... He was clueless about justice then - Little seems to have changed.