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The not proven verdict in Scotland

What is the not proven verdict in Scotland?

You are probably familiar with the verdicts guilty and not guilty but have you heard of ‘not proven’? Scottish jury trials have some unique features such as a 15 person jury, simple majority decision-making and the ‘not proven’ verdict. Here we look at what the verdicts mean and how they differ.

‘Not proven’ was originally an experiment by the Scottish system where juries delivered findings on individual factual allegations rather than general verdicts as they did previously, and as they do today.  

When the experiment was abandoned, ‘not proven’ started to be used as a general verdict.

Scottish law is based on the understanding that the accused is innocent until proven guilty. Therefore the onus is on the Crown to prove guilt beyond all reasonable doubt.

The verdicts available on a majority basis are:

Guilty: The jurors believe the accused is guilty of the crime beyond reasonable doubt

Not Guilty:  The jurors believe the accused is innocent or the case against them was not proven beyond a reasonable doubt.

Not Proven:  A ‘not proven’ verdict is not defined in statute or case law, and standard text on Scottish criminal procedure states that juries should not be told anything about its meaning.

Therefore, in a jury trial, a defence team faces three potential verdicts, two of which will mean a full acquittal for their client.

The Not Proven and Not Guilty Debate

These two verdicts have the same impact as they are both acquittals. There are no legal consequences for the accused if they receive a not proven verdict. If the accused receives a not proven verdict, it is the same for them as not guilty; the Crown has not proved their guilt.

There is a great deal of controversy and discussion in Scotland about the availability of a not proven verdict. Research shows that jurors may think of ‘not proven’ as a halfway house between guilty and not guilty.

The same research suggests that a not proven verdict can be a way for a jury to say ‘not sure’ without understanding that it means acquittal and that the case cannot be tried again unless there is new evidence under the double jeopardy law.

Some jurors, who participated in the mock-trials set up to research jurors’ understanding of ‘not proven’, assumed that a not proven verdict lies on the accused’s record. Thus they are still punished without a guilty verdict. This is completely untrue.

The not proven verdict is used disproportionately in rape cases

In 2016/2017 nearly 30% of acquittals were not proven verdicts compared with 17% for all crimes and offences.

This may reflect a generally lower conviction rate than for other crimes or, as some argue, reflects personal feelings around the conduct of a rape victim and represents the ‘halfway house’ we referred to earlier.

Supporters for the not proven verdict insist there should be a way for jurors to express uncertainty where they are not persuaded beyond a reasonable doubt.

No doubt the debate will continue for some time as the Scottish government considers the issue but for now, whatever the intentions of a jury who choose a not proven verdict, for the accused it means they are not guilty in the eyes of the law.

If you are questioned or arrested in connection to any crime, you need to speak to a criminal law expert as soon as possible. You can contact us 24 hours a day to quickly establish the facts of the case against you.

 

Is Cannabis legal in Scotland?

The debate surrounding the possible legalisation of cannabis is growing (pardon the pun).

Judging by the evidence and data collected from all over the world regarding the potential medical benefits and not to mention the economic benefit that some countries have recorded, it would seem that opinion is tending to lean in favour of cannabis legalisation

A growing number of politicians and celebrities are coming out in favour of legalisation of cannabis. Many countries are now relaxing their strict drug laws as public opinion shifts.

However, as specialist Scottish drug lawyers here to advise you 24/7/365 we are primarily concerned with the drug laws of Scotland.

The law concerning cannabis is common throughout the UK and is regulated by The Misuse of Drugs Act 1971

CANNABIS IS ILLEGAL THROUGHOUT THE UK

Across the UK, there are three classes of illicit substances. Class A, B and C. Cannabis is a Class B category in Scotland, alongside other substances such as speed, ketamine, and some versions of codeine which all also sit in the Class B category.

If you are charged with possession or possession with intent to supply or being concerned in the supply of Cannabis or cultivation of cannabis, then do not delay in contacting our specialist team of cannabis lawyers. We have a great wealth of experience in drug cases in Scotland and will help you achieve the best possible result in your case.

Cannabis is Scotland’s most widely used illegal drug. Polls have shown that around 47% of people living in Scotland supported cannabis legalization, 37% were against legalization and the remaining 17% were uncertain.

It would seem by the crime recording figures that recently the Police have a more relaxed approach to cannabis in Scotland with around five hundred people a month found to be in possession of cannabis and who face no consequences. Where quantities are larger and other factors come into play and supply is suspected, then prosecution is more likely.

Is Medical Marijuana Legal in Scotland?

Medicinal marijuana was made legal in November 2018.

The legalization occurred in November 2018 after several high profile cases involving children with medical issues.

Only in exceptional circumstances will cannabis be prescribed by doctors in Scotland and stating that you take cannabis for medical reasons without a prescription will not be a defence.

Is CBD Legal in Scotland?

CBD is a compound found within cannabis plants (Cannabidiol), and due to the low quantity of THC in it, it is legal in Scotland provided it has been derived from an industrial hemp strain that is EU-approved. If you’re in Scotland, you can buy CBD products provided the level of THC is below 0.2 per cent.

Section 3 of the Sexual Offences (Scotland) Act 2009

Important legislation for sexual assault in Scotland

Sexual assault is:

If a person (“A”)—

(a)without another person (“B”) consenting, and

(b)without any reasonable belief that B consents,

does any of the things mentioned in subsection (2), then A commits an offence, to be known as the offence of sexual assault.

(2)Those things are, that A—

(a)penetrates sexually, by any means and to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B,

(b)intentionally or recklessly touches B sexually,

(c)engages in any other form of sexual activity in which A, intentionally or recklessly, has physical contact (whether bodily contact or contact by means of an implement and whether or not through clothing) with B,

(d)intentionally or recklessly ejaculates semen onto B,

(e)intentionally or recklessly emits urine or saliva onto B sexually.

(3)For the purposes of paragraph (a) of subsection (2), penetration is a continuing act from entry until withdrawal of whatever is intruded; but this subsection is subject to subsection (4).

(4)In a case where penetration is initially consented to but at some point of time the consent is withdrawn, subsection (3) is to be construed as if the reference in it to a continuing act from entry were a reference to a continuing act from that point of time.

(5)Without prejudice to the generality of paragraph (a) of subsection (2), the reference in the paragraph to penetration by any means is to be construed as including a reference to penetration with A’s penis

If you have been accused of sexual assault, contact our lawyers today.

Consequences of having a criminal record

 

The consequences of having a criminal record can be severe. Depending on the offence, it would likely impact employment, volunteering, travel, education, housing, public office, driving (particularly driving offences). With such an impact on everyday life and future possibilities finding the best criminal defence lawyer is essential. At Graham Walker Solicitors, we are aware of the impact a criminal record can have. This is why we have specialist lawyers in each practice area to ensure you receive the best care. 

Employment opportunities

Your criminal record must be disclosed to employers until that conviction is spent. This can last several years after your imprisonment. You may have to undergo a DBS check for some jobs, especially when the job involves children or vulnerable people. Lying about your criminal record can land you in more trouble. Volunteering opportunities may also be limited if they are to do with children or vulnerable people. Explaining some details around your crime may lead to a more sympathetic approach; it is best to be transparent.

Employers are allowed to discriminate against applicants with an unspent criminal conviction no matter what the conviction is. Getting a lawyer who can fight your case is, therefore, the highest importance when you are facing an allegation of any crime.

Housing

Depending on the conviction, you may be evicted from your rented property. Mortgage providers also require a DBS check which must be complied with. If convicted of a sexual crime involving children, then you cannot live near schools or playgrounds.

Education

Some convictions will prohibit some educational opportunities being followed. Depending on the offence, programmes involving health and social care or children may be limited. Clear policies on criminal convictions are usually listed on an educational establishments website, if not contact them by email.

Travel

Some countries may bar you from entering, depending on your criminal record. If you ever have plans to travel to a destination and you have a criminal record, it is best to check if you are eligible for travel.

Driving

Driving offences lead to higher insurance costs, which can make driving unaffordable for many. If you lose your license, then driving is not an option at all.

Call a criminal defence lawyer today

if you are facing an allegation of a criminal offence, you should contact us immediately. At Graham Walker Solicitors, our specialist lawyers will give you the defence you deserve and allow your future to be full of possibilities. You may be entitled to Scottish legal aid throughout criminal proceedings. This will give you the opportunity to potentially have expert criminal defence lawyers for free. Talk to us and we’ll explain your options.

SLAB (Scottish Legal Aid Board) vs The Law Society – what is the difference

Getting free legal advice

The Scottish Legal Aid Board (SLAB) provide funding so that everyone who needs access to a criminal lawyer in the police station will get the help they need. If you’ve been arrested or are being investigated by the police, you can access assistance from a criminal lawyer for no cost at all, in some cases. It is not available for minor driving matters.

When you need legal aid or help with criminal law, time is of the essence. An arrest can happen at any time and you may need help outside of normal working hours. If you’re detained at a police station during the night or in the early hours of the morning, don’t worry. SLAB ensures there is funding available for 24-hour help, so you can contact criminal lawyers at any time of the day or night.

Scottish Legal Aid Board (SLAB) vs The Law Society Of Scotland

All qualified, practising lawyers are regulated by the Law Society of Scotland so you can be sure you’re getting help from a reputable criminal lawyer.

The Scottish Legal Aid Board also provides contact information for criminal lawyers who accept legal aid payments. It is the Scottish Legal Aid Board that ensures that Scots get fair access to the law and representation if they are low on funds.

Citizens Advice Scotland is also a great place to find resources and help if you’ve been arrested or charged with a crime.

24 Hour Criminal Law Advice

When you’re arrested, however, you may not have the time or the ability to trawl through lots of profiles to access help with criminal law. Fortunately, you won’t need to. With one simple call, you can get help from experienced criminal lawyers.

We’ll attend the police station so you can benefit from our advice before and during any police interviews, and we’ll also help you to apply for additional legal aid in Scotland if it’s necessary to do so. We’ll even provide detailed information about the legal aid Scotland application process and what type of help SLAB entitles you to.

Although the legal aid application process is fairly uncomplicated in the majority of cases, facing a criminal charge is a stressful time and it shouldn’t be made more difficult by money worries or financial issues. With our criminal lawyers at your side, you can be sure you’ll get the help and advice you need.

The Scottish Legal Aid Board and the Scottish Law Society are committed to providing criminal law advice to everyone, no matter what your financial situation is.

 

Mum fights extradition to USA from Scots jail over alleged kidnapping plot

ASYLUM RIDDLE

American mum claims to be British government agent fights extradition to the USA from Scots jail over alleged kidnapping plot

Valerie Hayes, 38, faces charges of conspiring to snatch two children during an armed raid in the States

EXCLUSIVE

By Matt Coyle

2nd March 2019, 11:12 pm

Updated: 2nd March 2019, 11:16 pm

AN American mum who claims to be a British government agent is fighting extradition to the US from a Scots jail over an alleged kidnapping plot.

Valerie Hayes, 38, faces charges of conspiring to snatch two children during an armed raid in the States.

 

Valerie Hayes

But she claims she was working for the UK security services in Northern Ireland at the time.

And after appearing at Edinburgh Sheriff Court to fight the order to return, she said she was set up by her ex-husband, a high-ranking US intelligence officer.

Speaking from the city’s Saughton nick she protested her innocence — and told how she fears being killed if she goes home to the US.

She said: “I have a case for bail should I wish to pursue it, but have refrained from doing so thus far.

“At the very least I am safe — I would voluntarily deprive myself of liberty for a lifetime on remand in a Scottish prison if it meant being kept safe.”

 

Ms Hayes believes she has been framed by former partner Robert D Hayes, a high ranking intelligence officer in the US military with security clearance just one level below that of the President.

The behavioural analyst, who has also worked for the American government, previously accused her ex of tying her up and stabbing her repeatedly — and claimed there was a cover-up after he was completely cleared by prosecutors.

She and two others were arrested in Scotland in November by cops acting on a warrant from the American authorities.

Ms Hayes has been kept at HMP Edinburgh as she fights the official request to return her to the States.

She originally fled her homeland in 2014 and sought asylum but was advised that she was almost certain to be refused as she is American.

The mum of four claims she was offered an alternative deal and recruited by the British Government.

Ms Hayes added: “I feel I have no option but to go public in this way.

“My hope is that the light will make it impossible to be forced back into the hands of a country that would rather see me as collateral damage.”

At a preliminary extradition hearing on Thursday, her solicitor Jelina Matthew told the court her client’s asylum file has not been released by the Home Office — which is almost unheard of in extradition cases.

Ms Matthew told the court: “I’m having issues obtaining Ms Hayes’ asylum file. I’ve been told by the Home Office that her file is restricted which is somewhat unusual.

“My client is claiming she was granted leave to remain. I need access to the files to find out on what grounds this was granted.”

 

Afterwards, Ms Matthew said: “Valerie Hayes maintains she came into the UK in 2014 whereby she claimed asylum as she faced inhuman, degrading treatment, torture and persecution from her husband who held a high ranking position in the US military.

“Valerie has clearly stated that her biggest fear is to return to the USA. She would rather spend her entire life in a Scottish prison.

“Valerie claims to have been granted four years’ leave to remain in the UK but this grant was outwith the asylum route.”

The lawyer added: “Her asylum/immigration file is still being held by the Home Office despite efforts being made by her MP Alison Thewliss to retrieve this for her.

“The Home Office can impose entry bans to individuals who have previously breached immigration law.

“Bans can last one year, two years, five years or ten years but Valerie Hayes claims to have entered and exited the UK without any difficulty.”

 

Source: Mum fights extradition to USA from Scots jail over alleged kidnapping plot