AboutBruce Fyfe Expertise Scottish Criminal Law - any area. NOT IMMIGRATION ISSUES. I am a serving, operational Police Officer with 25 years` service. As well as my own knowledge and training, I can draw on many other resources in the Scottish criminal justice system and welcome the challenge.
NB Scottish, not English; criminal, not civil or immigration;
Expert: Bruce Fyfe Date: 2/11/2001 Subject: jury system
Question dear sir ,what is the procedure in law when a man has been charged with child abuse and the jury has failed twice to reach a verdict, two different juries and the state decides not to take it back to court, thank you
Answer I'm not aware that such circumstances could occur within the Scottish criminal justice system.
Decisions in criminal cases in Scotland are by a majority. In the jury system, it is sufficient if eight out of the 15 jurors vote for a verdict for that verdict to be entered.
If a jury does not return to court with a verdict by about 5pm, the judge is likely to recall the jury and ask if they are likely to reach a verdict shortly. He will explain that they are under no pressure whatsoever to hurry as it will take as long as it takes.
If the jury indicate that they are not close to a verdict, the judge will direct that they are accommodated overnight at the Court's expense and they return the next day and continue their deliberations - and so on until they do reach a verdict
In addition, we have the 'not proven' verdict, a peculiarity of Scots law. A verdict of "not proven" is an acquittal and an accused person cannot be tried again. However, it is a less than a ringing endorsement of the accused's position.
Traditionally, accused persons in Scotland who have a verdict of "not proven" entered in their cases feel that they have not had their innocence vindicated.
As a Police Officer I am not entitled to be cited for jury service (although actually I have been - twice), but I would love to be a fly on the wall of a jury room.
I suspect that a 'stand-off' in a jury's deliberations would end up in an 'alternative' verdict of 'not proven'.
