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THE current controversy over the Not Proven verdict which is unique to the Scottish criminal justice system has rarely been placed in its historical context. That cannot be done in just one column, but I will attempt to do so over the next three weeks during which I will return to a particular case which continues to fascinate me – that of Madeleine Smith who I have now concluded got away with murder when the jury found the charge of poisoning her French lover not proven. That case in 1857 is usually claimed as the biggest not proven controversy of them all, but today and next week I am going to write about the most infamous case of the latter years of the 19th century that featured a contentious not proven verdict, namely the Ardlamont Murder of 1893, which is more properly known as the Ardlamont Mystery because the jury decided that the accused, Alfred John Monson, was not proven to have murdered Lieutenant Cecil Hambrough in a shooting incident. It was the most sensational
Scottish Conservative manifesto: 10 things you need to know and what is in it
The party leader Douglas Ross set out his plans at a manifesto launch earlier today.
12:12, 19 APR 2021
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Douglas Ross launched the Scottish Conservative manifesto earlier today which focussed on his plans for rebuilding the economy and independence.
Family of knife death victim join campaign to abolish Scotlandâs controversial not proven verdict
The campaign, launched by Lanarkshire-based Families and Friends Affected by Murder and Suicide (FAMS), has gathered hundreds of signatures for a petition in a matter of days.
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Emma French and her brother Scott, who died after being stabbed
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Imagine you are accused of a serious crime. It goes to court. You’re tried in front of a jury of your peers. The verdict is in. Not Proven. What happens next? Is it the same as Not Guilty? And if not, in what way is it different? Did the jury believe you? Or do they still have their doubts? And how will the verdict be seen by your friends and family, your employer, the wider world: what will they think of it all? What does the Not Proven verdict actually mean? This, essentially, is how the not proven verdict actually works in Scotland and has always worked. Questions are asked but never answered. Not Proven is widely used but never explained. No one ever tells a jury what the definition might be nor do they tell them what the difference is between Not Proven and Not Guilty (if there is one). Indeed, judges in Scotland are specifically instructed not to explain the verdict to juries and there’s a good reason for that: nobody knows. Which begs an important question for Scotlan