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Rape Crisis Scotland welcomes Scottish Government's continued commitment to corroboration removal

The Scottish Government today announced that it is to proceed with plans to abolish the Scots law requirement for corroboration in criminal cases despite the fact the majority of respondents to a consultation from the legal profession were against the controversial proposal.

Rape Crisis Scotland welcomes the continued commitment of the Scottish Government to remove corroboration, a barrier to some credible and viable cases getting to court.

However, the Justice Secretary Kenny MacAskill has also announced a further consultation on "additional safeguards" which could be put in place if the requirement is removed, including proposals to increase the jury majority required to return a verdict: “Reforming Scots Criminal Law and Practice: Additional Safeguards Following the Removal of the Requirement for Corroboration“ – the closing date for responses is 15/3/13 – (see http://www.scotland.gov.uk/Resource/0041/00410935.pdf)

The new proposals have been put forward in the light of the responses to a consultation which followed a review of Scottish criminal law and practice, led by Lord Carloway.

An analysis of consultation responses was also published today, “Reforming Scots Criminal Law and practice: The Carloway Report - analysis of consultation responses” (see http://www.scotland.gov.uk/Resource/0041/00410913.pdf ) which revealed that the view expressed most widely by those opposed to the abolition of corroboration was that the requirement is a "fundamental part of Scottish criminal procedure" and that there needs to be a "far more intensive review" before any decision can be made.

Currently a jury in Scotland can convict on a majority of eight of 15 jurors, but the consultation is now seeking views on whether this should be changed to require a majority of nine or 10 of 15 jurors to return a verdict.

Ministers are also consulting on plans to provide the trial judge with a power to withdraw a case from a jury on application by the accused where the judge considers that, on the basis of the evidence led, no reasonable jury could convict.

Lord Carloway stated in his report that, in the event that it was proposed to look at jury majorities, it would also be necessary to consider whether the "third verdict" remained appropriate – and in fact a further consultation was also announced today, seeking views on whether the “not proven” verdict should also be abolished.