A Latin expression meaning “not guilty”, used to describe the plea or verdict that an accused is not proved culpable in criminal proceedings. It is not a defined statutory term and is rarely used in modern practice; courts in England and Wales, Scotland, Northern Ireland and Ireland use the English term “not guilty”, with non culpabilis found mainly in older materials or academic commentary.
Key features:
- As a plea, it puts the prosecution to proof beyond reasonable doubt.
- As a verdict, it results in an acquittal and the accused is discharged.
- In Scotland, “not guilty” and “not proven” are both acquittal verdicts; other jurisdictions use only “not guilty”.
Practical significance:
- An acquittal generally bars a second trial for the same offence (double jeopardy), subject to limited statutory exceptions allowing retrial for certain serious offences where new and compelling evidence emerges or where the acquittal is tainted (the scope and procedure vary by jurisdiction).