Written Question · S4W-20897 · Session 4
In light of the Cabinet Secretary for Justice’s assertion that the case has been made for the abolition of corroboration, for what reason t…
The question
To ask the Scottish Government, in light of the Cabinet Secretary for Justice’s assertion that the case has been made for the abolition of corroboration, for what reason the review group led by Lord Bonomy cannot be allowed to consider this case as part of its review into safeguards against miscarriages of justice.
The answer
Parliament approved the general principles of the Criminal Justice (Scotland) Bill, including the removal of the corroboration requirement, at the Bill’s Stage 1 on 27 February 2014.
In establishing Lord Bonomy’s review on additional safeguards, and in agreeing to the proposal by opposition parties to begin Stage 2 of the Criminal Justice (Scotland) Bill after Lord Bonomy reports, the Government acknowledged the legitimate concerns raised about how the Scottish criminal justice system will work without the requirement. Lord Bonomy’s work is specifically focused upon assessing what additional safeguards and changes to Scots criminal law and practice may be needed following abolition of the corroboration requirement. A review of the role of the requirement has already been carried out by Lord Carloway.
The government continues to regard abolition of the requirement as the essential removal of a barrier to justice for many victims of crime, especially offences committed in private. It also considers that the experience of every other jurisdiction comparable to Scotland clearly demonstrates that a general requirement for corroboration is not an essential feature of a modern legal system.
The government considers that there is consequently no need to modify Lord Bonomy’s remit.
In establishing Lord Bonomy’s review on additional safeguards, and in agreeing to the proposal by opposition parties to begin Stage 2 of the Criminal Justice (Scotland) Bill after Lord Bonomy reports, the Government acknowledged the legitimate concerns raised about how the Scottish criminal justice system will work without the requirement. Lord Bonomy’s work is specifically focused upon assessing what additional safeguards and changes to Scots criminal law and practice may be needed following abolition of the corroboration requirement. A review of the role of the requirement has already been carried out by Lord Carloway.
The government continues to regard abolition of the requirement as the essential removal of a barrier to justice for many victims of crime, especially offences committed in private. It also considers that the experience of every other jurisdiction comparable to Scotland clearly demonstrates that a general requirement for corroboration is not an essential feature of a modern legal system.
The government considers that there is consequently no need to modify Lord Bonomy’s remit.
In the Official Report
No contribution in the Official Report cites S4W-20897 by reference.