Most Scots prefer the more standard two-verdict system to Scotland’s unique previous three-verdict system

Key takeaways

  • Scots prefer the two-verdict system to the three-verdict system by 54% to 33%
  • Older Scots are more likely to favour the two-verdict system
  • SNP voters are nearly twice as likely as Conservatives to prefer the three-verdict system to its replacement

“Do you find the defendant guilty or not guilty?” has long been the question that concludes criminal trials in England and Wales. But for centuries in Scotland, juries and in some cases judges could deliver a third verdict: “not proven”. This officially counted as an acquittal, though was typically used to imply the defendant was guilty but the Crown had not provided sufficient evidence to prove it.

Last year, the Scottish Parliament passed a law removing this third verdict, or the “bastard verdict” as it was described by Scottish novelist and poet Walter Scott. Campaigners had argued it was unclear and inconsistently used, as well as being disproportionately common in cases of rape and sexual assault, while opponents of the change said it helped reduce the risk of wrongful convictions.

Most Scots come down on the side of the change, with 54% preferring the two-verdict system now in use, relative to 33% who favour the historic three-verdict system.

The verdict does attract a political divide, with just 22% of those who voted Scottish Conservative in 2024 finding the case against the third verdict not proven, compared to 34% of those who backed Scottish Labour and 39% of SNP voters. Nonetheless, at least 51% of voters for all major parties prefer the two-verdict system.

Unusually, it is younger Scots who are more on the side of tradition, with the 59-61% of Scots in the over 50 age groups preferring the two-verdict system comparing to only around half of under 50 Scots (49-50%).

See the full results here

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