The not proven verdict has the same effect as a not guilty verdict, namely, the accused is acquitted and cannot be tried again for the same crime. It usually means the judge or jury thought the accused was guilty but not beyond reasonable doubt. The final verdict had to be taken by at least two of the three judges. The death penalty is not permitted under Scots law. There is no prescribed punishment for a conviction of conspiracy to murder.
Any punishment is at the discretion of the court.
Life imprisonment is the prescribed punishment for murder or contravention of the Aviation Security Act 1982. Any prison sentence would be served in Scotland. Five judges sitting in the High Court of Criminal Appeal would hear an appeal. Beyond the appeal court Al-Megrahi could petition the Scottish Criminal Cases Review Commission. The commission was established in April 1999 and has the power to refer cases back to the High Court for further consideration should fresh evidence be uncovered which casts doubt on the validity of the initial trial decision.