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Move to end court case corroboration Move to end court case corroboration
(about 1 hour later)
Proposals to end the centuries-old requirement for corroboration in court cases are expected to be brought forward by the Scottish government.Proposals to end the centuries-old requirement for corroboration in court cases are expected to be brought forward by the Scottish government.
Justice Secretary Kenny MacAskill has previously said that he supports doing away with the need for evidence to come from two sources.Justice Secretary Kenny MacAskill has previously said that he supports doing away with the need for evidence to come from two sources.
Ministers said further measures to safeguard against miscarriages of justice would be put in place.Ministers said further measures to safeguard against miscarriages of justice would be put in place.
The move is likely to be opposed by the legal profession, including judges.The move is likely to be opposed by the legal profession, including judges.
In a wide-ranging review of Scots law and practice, leading judge Lord Carloway recommended dropping the general requirement for corroboration in court cases.In a wide-ranging review of Scots law and practice, leading judge Lord Carloway recommended dropping the general requirement for corroboration in court cases.
BBC Scotland's home affairs correspondent Reevel Alderson said the proposed changes were inspired by the historically low level of rape convictions in Scotland.BBC Scotland's home affairs correspondent Reevel Alderson said the proposed changes were inspired by the historically low level of rape convictions in Scotland.
He said: "Corroboration is where you have two pieces of evidence, backing each other up, to put before a jury or a sheriff.He said: "Corroboration is where you have two pieces of evidence, backing each other up, to put before a jury or a sheriff.
"In some cases that may be two eye-witnesses speaking to the same event. That is actually one of the reasons police officers in Scotland patrol in pairs rather than singularly, as in England."In some cases that may be two eye-witnesses speaking to the same event. That is actually one of the reasons police officers in Scotland patrol in pairs rather than singularly, as in England.
"You can also bring forward forensic evidence which can prove that an event took place."You can also bring forward forensic evidence which can prove that an event took place.
"But there have been difficulties in rape cases because in most serious sexual assaults there are probably only two people present - the accuser and the accused."But there have been difficulties in rape cases because in most serious sexual assaults there are probably only two people present - the accuser and the accused.
"That has led, it is argued, to a low level of conviction for rape, and that's why they want to change it.""That has led, it is argued, to a low level of conviction for rape, and that's why they want to change it."
One of the safeguards being considered is increasing the number of jurors required to secure a conviction.One of the safeguards being considered is increasing the number of jurors required to secure a conviction.
At present, eight of the 15 jurors need to agree on the verdict. By increasing this, possibly to as many as 12, ministers feel the jury system will be strengthened.At present, eight of the 15 jurors need to agree on the verdict. By increasing this, possibly to as many as 12, ministers feel the jury system will be strengthened.
The police are in favour of changes to corroboration, but lawyers and some judges have written to the government to oppose the proposals.The police are in favour of changes to corroboration, but lawyers and some judges have written to the government to oppose the proposals.
They say the move would remove an essential cornerstone of the Scottish legal system, which has been in place for more than 300 years.They say the move would remove an essential cornerstone of the Scottish legal system, which has been in place for more than 300 years.
Peter Lockhart, who sits on the Law Society's criminal law committee, said: "Safeguards incorporated in other jurisdictions where there is no requirement for corroboration, such as weighted majority verdicts and rules about admissibility of eye witness identification and the possibility of withdrawal of unreliable evidence by a judge from a jury, have not existed in Scottish criminal procedure precisely because of the requirement for corroboration.
"We appreciate that the prosecution will still need to prove its case beyond reasonable doubt to obtain a conviction, but we would want to have assurances that removing the need for corroboration will not lead to a deficiency in either the quality or sufficiency of evidence presented in court."