Parliament Workbench
Data: Votes to 12 Nov 2026

Vote · 25 Sep 2013

Corroboration

Amendment Motion S4M-07791.3 Lodged by Kenny MacAskill SNP
Carried by 39
62 For 23 Against 30 Abstained 12 Did not vote

What this amendment would do

This vote was on an SNP amendment (S4M-07791.3) to the Conservatives’ motion (S4M-07791). It was agreed, so the motion’s final vote was on the wording as amended, with words from the original removed. The final vote, on the motion as amended, was carried 62–23.

If agreed, the motion would read:

That the Parliament notes the substantial proposal to abolish the centuries old requirement for corroboration in Scottish criminal cases contained in the Criminal Justice (Scotland) Bill; notes
186 words removed by S4M-07791.3the overwhelming opposition to this proposal from all parts of the legal profession, including the Senators of the College of Justice, the Law Society of Scotland and the Faculty of Advocates, as well as the Scottish Police Federation, the Scottish Human Rights Commission, the Cross-Party Group on Adult Survivors of Childhood Sexual Abuse and many legal academics; believes that the proposal to abolish corroboration cannot be looked at in isolation and that the Scottish Government’s Reforming Scots Criminal Law and Practice: Additional Safeguards Following the Removal of the Requirement for Corroboration consultation was inadequate to support a proposed change of this magnitude; notes with concern the implications of the abolition of corroboration, which would undermine confidence in the criminal justice system, and calls on the Scottish Government to remove the proposal to abolish corroboration from the Criminal Justice (Scotland) Bill and, instead, to seek to improve the application of corroboration by carrying out a wider review of the law of evidence in Scotland, including the interaction between corroboration and other rules of evidence, by either a referral to the Scottish Law Commission or a public inquiry.
S4M-07791.3 SNP that the proposal is based on the thorough and independent review of Scots criminal law and practice undertaken by Lord Carloway, the Lord Justice Clerk; accepts Lord Carloway’s conclusion that the general requirement for corroborated evidence in criminal cases is an archaic rule that has no place in a modern legal system; notes the support of Police Scotland, the Crown Office and Procurator Fiscal Service, Rape Crisis Scotland, Victim Support Scotland and Scottish Women’s Aid; welcomes the consideration of additional safeguards suggested by the Senators of the College of Justice in their response to the Scottish Government's consultation; notes that the Scottish Government is open to considering additional safeguards necessary to ensure fairness of proceedings as the Parliament deems fit; respects the process of parliamentary scrutiny of the Criminal Justice (Scotland) Bill, on which the Justice Committee has begun evidence-taking, and looks forward to completion of that scrutiny process in the normal way.

Worked out by this site by applying the amendment to the motion as lodged. It is not an official text.

The amendment as lodged

leave out from "the overwhelming opposition" to end and insert "that the proposal is based on the thorough and independent review of Scots criminal law and practice undertaken by Lord Carloway, the Lord Justice Clerk; accepts Lord Carloway’s conclusion that the general requirement for corroborated evidence in criminal cases is an archaic rule that has no place in a modern legal system; notes the support of Police Scotland, the Crown Office and Procurator Fiscal Service, Rape Crisis Scotland, Victim Support Scotland and Scottish Women’s Aid; welcomes the consideration of additional safeguards suggested by the Senators of the College of Justice in their response to the Scottish Government's consultation; notes that the Scottish Government is open to considering additional safeguards necessary to ensure fairness of proceedings as the Parliament deems fit; respects the process of parliamentary scrutiny of the Criminal Justice (Scotland) Bill, on which the Justice Committee has begun evidence-taking, and looks forward to completion of that scrutiny process in the normal way.”

All amendments to S4M-07791

  1. S4M-07791.3 SNP Kenny MacAskill Agreed vote, 62–23
  2. S4M-07791.1 Independent Margo MacDonald Not put to a vote (worked out by this site: never called at Decision Time: not selected or not moved)
  3. S4M-07791.2 Labour Graeme Pearson Fell per the Official Report

How the parties split

1 MSP voted against their party
PartySplitForAgainstAbst.AbsentMajority
SNP 62 0 1 2 ✓ For split
Lab 0 0 29 8 – Abstained united
Con 0 14 0 1 ✗ Against united
LD 0 5 0 0 ✗ Against united
Green 0 2 0 0 ✗ Against united
Ind 0 2 0 1 n/a

Party is the MSP's party on the day of the vote. Majority is how most of the party's voting MSPs voted.

Every MSP

127 MSPs

For (62)

Against (23)

Abstained (30)

Did not vote (12)

Con 1