Not proven (abolished)

Not proven was a third Scottish verdict; it was abolished for trials starting on or after 1 January 2026, leaving guilty and not guilty.

For centuries, Scottish courts could return one of three verdicts: guilty, not guilty or not proven. Not proven had the same legal effect as not guilty: the accused was acquitted and could not normally be tried again for the same charge. The Victims, Witnesses, and Justice Reform (Scotland) Act 2025 abolished it. For trials starting on or after 1 January 2026, juries and judges must return either guilty or not guilty on each charge, in both summary and solemn cases. A summary trial starts when the first witness takes the oath, and a solemn trial when the jury is sworn. Trials that had already started before that date could still end in a not proven verdict, and past not proven verdicts remain acquittals.

Checked as at 25 September 2026. General information only, not legal advice.