Scots law
Scots Law (or Scottish Law) is the Law of Scotland.
After the Union with England, Scotland retained its unique legal system. The Scottish system is based on the Roman law or civil law, the English inspired common law and native custom. Unlike most civil law jurisdictions, Scots law is uncodified.
Legal System
Not Proven Verdict
The Scots Legal system is unique in have three possible verdicts for a criminal trial: "guilty", ""not guilty" and "not proven". Both "not guilty" and "not proven" result in an acquittal with no possibility of retrial. The third verdict resulted from historical accident, in that there was a practice at one point of leaving the jury to determine facutal issues one-by-one as "proven" or "not proven". It was then left to the judge to pronounce upon the facts found "proven" whether this was sufficient to establish guilt of the crime charged. Now the jury decides this question after legal advice from the judge, but the "not proven" verdict lives on. The "not proven" verdict is often taken by juries and the media as meaning "we know he did it but there isn't enough proof".
Courts in Increasing Order of Superiority
- Criminal Courts
- Civil Courts
See also
