Scotland ought to scrap the "not confirmed" verdict and transfer to a two-verdict system to keep away from confusion and heartache over the result of felony trials, a session has discovered.
About 62 per cent of those that responded to a Scottish Authorities session on justice reform stated the nation ought to drop the third verdict in felony instances, with most all backing a transfer to "responsible" and "not responsible" verdicts. The third verdict, "not confirmed", was traditionally derided as "that bastard verdict" by Sir Walter Scott when he sat as a sheriff in Selkirk.
Scotland is the one nation on the earth to completely make the decision out there to juries, who can use it in instances the place there's not sufficient proof to convict somebody however the place their innocence is doubtful.
Legally, the decision is handled the identical as "not responsible" and people handed a "not confirmed" verdict usually are not convicted. Opponents say it offers no closure to victims of crimes and basically lets off criminals, who would in any other case be prosecuted if not for an absence of proof.
Nonetheless, those that labored within the authorized career, served as a juror or had been charged with against the law have been extra prone to again retaining the third verdict. Scots have been additionally extra supportive of a professional majority, or "supermajority", for juries in reaching verdicts, moderately than the straightforward majority of at the very least 50 per cent - and greater than half supported maintaining the corroboration rule that requires two unbiased items of proof for conviction.
In all, the Scottish Authorities heard from 21 organisations and 179 people, together with folks charged with crimes, victims and jurors. The outcomes of the session can be utilized by ministers to resolve what, if any, reform of the nation's authorized system ought to happen.
Justice Secretary Keith Brown stated: “I'm very grateful to all of these people and organisations who've taken the time to contribute their views on these issues, notably those that have shared their private expertise of the justice system. We should now give cautious consideration to the complete vary of responses obtained.
"The findings from this session evaluation can be used together with a variety of different data and proof to tell the choice making course of on any potential suggestions for reform. Any potential reforms can be thought of alongside wider work together with the result of the present session on enhancing victims’ experiences of the justice system.”
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