Legal anger at plan to scrap corroboration

Chief Reporter

Wednesday 4 July 2012

LEGAL experts have reacted angrily to the news that corroboration will be removed from Scots law.

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Lucy Adams Chief Reporter

The Scottish Government yesterday published a consultation on Lord Carloway's review of criminal law, but made clear that corroboration – the historic requirement for two separate sources of evidence to secure a conviction – would be abolished and that the consultation would only consider how to do that.

However, the Law Society of Scotland and others warned against plans to remove corroboration without proposals for additional safeguards.Leading criminal defence advocates have already expressed concerns over the proposal. The Faculty of Advocates called for a Royal Commission to consider the long-established Scots law requirement but this has not been accepted by ministers.High-profile advocates including Maggie Scott, QC, chairwoman of the Scottish advisory group of Justice, and Donald Findlay, QC, chairman of the Faculty of Advocates Criminal Bar Association, have criticised the plan and warned it will lead to miscarriages of justice.Yesterday Bill McVicar, convener of the Law Society's criminal law committee, said: "We have grave concerns about the proposal to abolish the requirement for corroboration when there have been no corresponding proposals for safeguards to prevent potential miscarriages of justice. "Corroboration has been a cornerstone of the Scottish criminal justice system since time immemorial, and before such a radical step is taken there would have to be an overwhelming case for change. In our opinion such a case for change has not been made. "Any change to the law in Scotland with regard to corroboration should form part of a full- scale review of Scottish criminal procedure. It is a concern to note that the Scottish Government does not intend to commission any such further independent review."Advocate Claire Mitchell said it would be dangerous to remove corroboration without introducing new safeguards. "The grand chamber of the European Court of Human Rights recently praised corroboration in Scots law as a prominent safeguard in a fair trial and yet we are looking to abolish it without new safeguards," she said. "England and other European jurisdictions have a lot of safeguards that we lack because we've relied on corroboration."Solicitor Advocate John Scott questioned the fact ministers seem to have made a decision on corroboration before the consultation begins.He said: "This is a reckless move and ignores the views of the majority of Scottish judges."As per Lord Carloway's review, the consultation will also consider whether courts should sit at weekends to prevent suspects from spending a "disproportionate" amount of time in detention cells. It has been mooted previously but was rejected.Lord Carloway made a range of recommendations to reform arrest and detention, including the right to legal advice when taken into custody and a 12-hour limit on the period of arrest before charge.Justice Secretary Kenny MacAskill said: "On corroboration, the consultation paper agrees that the requirement should be abolished. "It reflects that the rationale for the rule stems from another age, that its usage has become confused and that it can bar prosecutions that would in any other legal system seem entirely appropriate. "The focus of our consultation is on deciding how to best achieve abolition and what, if any, additional measures require to be taken as a consequence."The consultation will run until October 5.A petition launched yesterday with the Scottish Parliament by a victim of rape calls for the abolition of corroboration to be applied retrospectively.

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Legal anger at plan to scrap corroboration

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