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Bill to end court case corroboration | Bill to end court case corroboration |
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Proposals to end the centuries-old requirement for corroboration in court cases have been brought forward by the Scottish government. | Proposals to end the centuries-old requirement for corroboration in court cases have been brought forward by the Scottish government. |
Corroboration - the need for evidence in criminal trials to come from two sources - could be abolished by the new Criminal Justice (Scotland) Bill. | Corroboration - the need for evidence in criminal trials to come from two sources - could be abolished by the new Criminal Justice (Scotland) Bill. |
It would also introduce safeguards such as increasing the number of jurors required for a majority guilty verdict. | It would also introduce safeguards such as increasing the number of jurors required for a majority guilty verdict. |
This would go up from a simple majority of the 15 jurors to two-thirds. | |
This would mean that if a full jury was offering a majority guilty verdict, the number of jurors required would increase from eight to 10. | |
Any less than two-thirds would be regarded as a "not guilty" verdict. | |
This is to avoid retrials due to hung juries. | |
Scotland's unique "not proven" verdict will be still be available to jurors but it must be reached by a majority. | |
Justice Secretary Kenny MacAskill said he recognised the "significant concern" in some quarters about the continuing viability of the not proven verdict but he said further deliberation was required. | |
In a wide-ranging review of Scots law and practice last year, leading judge Lord Carloway recommended dropping the general requirement for corroboration in court cases. | |
But the move has been opposed by the legal profession, including judges. | |
Mr McAskill said: "I have made clear a number of times that I believe that the requirement for corroboration should be abolished as it can represent a barrier to justice. | |
"It is an outdated rule which can deny victims the opportunity to see those responsible for serious crimes being brought to justice. | "It is an outdated rule which can deny victims the opportunity to see those responsible for serious crimes being brought to justice. |
"Removing the need for corroboration represents a move towards focusing on the quality of evidence rather than quantity." | "Removing the need for corroboration represents a move towards focusing on the quality of evidence rather than quantity." |
However, the Law Society of Scotland described corroboration as a "fundamental principle" of the justice system. | However, the Law Society of Scotland described corroboration as a "fundamental principle" of the justice system. |
Removing it would lead to a greater risk of miscarriages of justice, it said. | Removing it would lead to a greater risk of miscarriages of justice, it said. |
Raymond McMenamin, from the society's criminal law committee, said: "We believe that removing the requirement for corroborated evidence, without including sufficiently strong safeguards in the bill, could simply result in a contest between two competing statements on oath and, as a result, bring increased risk of miscarriages of justice. | Raymond McMenamin, from the society's criminal law committee, said: "We believe that removing the requirement for corroborated evidence, without including sufficiently strong safeguards in the bill, could simply result in a contest between two competing statements on oath and, as a result, bring increased risk of miscarriages of justice. |
"The requirement for corroborated evidence is not an antiquated, outmoded legal notion but is a fundamental principle of our justice system. | "The requirement for corroborated evidence is not an antiquated, outmoded legal notion but is a fundamental principle of our justice system. |
"It's clear that the concerns expressed by the society and others about juries have been recognised as the bill proposes a move to a weighted majority from a simple majority, but we don't believe this is sufficient to remove the risks created by abolishing corroboration." | "It's clear that the concerns expressed by the society and others about juries have been recognised as the bill proposes a move to a weighted majority from a simple majority, but we don't believe this is sufficient to remove the risks created by abolishing corroboration." |
The Bill, if passed, would also raise the maximum sentence for handling knives and offensive weapons from four to five years. | |
Other measures include changes to the law around arrest and questioning of suspects and strengthening court powers to impose sentences on those who commit offences while on early release. | |