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: 5/20/2007 Subject: re:not proven verdict
Question Hi, Just a query about a the above verdict. I was recently a witness in a case
for someone charged with attempted rape over 20years ago, the verdict was
not proven unanamously in my case and majority not proven against the
other person also a victim. What exactly does that mean and can we take
things further? I have no direct critisim of the police however I was
disappointed to find that they did not appear to follow up information
relating to the case, consequently the verdict was not proven. I would
appreciate any advice, many thanks.
Dougal
Answer The not proven verdict basically means that the jury considers someone to be guilty, but that the case against them was not proved.
In that type of case, it is usually the word of the victim against the word of the accused and the only potential corroboration is either forensic and/or circumstantial.
Given that the allegation was 20 years old, it would not be surprising if there was little if any forensic evidence, which leaves only circumstantial. Also, the ability to investigate wanes with time, therefore the lines of enquiry would be severely limited in an 'historic' case such as this.
I would be very surprised if any potential lines of enquiry were not investigated and think it more likely that the passage of time restricted what enquiry was possible, however please feel free to explain further, if in an anonymised manner.
