Not proven

Not proven (Scottish Gaelic: gun dearbhadh) was a verdict available to a court of law in Scotland until 2026. From 1728, under Scots law, a criminal trial could end in one of three verdicts, one of conviction ("guilty") and two of acquittal ("not proven" and "not guilty").

Between the Restoration in the late 17th century and the early 18th century, jurors in Scotland were expected only to find whether individual factual allegations were proven or not proven, rather than to rule on an accused's guilt. In 1728, the jury in a murder trial asserted "its ancient right" to declare a defendant "not guilty". Over time, the "not guilty" verdict regained wide acceptance and use amongst Scots juries, with the encouragement of defence lawyers. It eventually displaced "not proven" as the primary verdict of acquittal. Until 2026, juries could return a verdict of either "not guilty" or "not proven", with the same legal effect of acquittal.

Although its effect was the same as a not guilty verdict, research from 2019 using mock juries suggested there was inconsistency in understanding its meaning and confusion about its effect. The Victims, Witnesses, and Justice Reform (Scotland) Act 2025, passed by the Scottish Parliament in September 2025, included provisions that removed the verdict. Since 1 January 2026, only guilty and not guilty verdicts are available in new trials.