‘If corroboration is removed , safeguards must be put in place’

The role of corroboration has been the subject of wide-ranging debate. It is a distinctive element of Scots criminal procedure, requiring at least two independent sources of evidence for each crucial fact in a criminal case.

Corroboration was called into question following a decision of the Supreme Court in 2010, the Cadder case. It was found that evidence obtained during a police station interview was inadmissible, because the suspect had not received access to legal advice. Lord Carloway was asked to review the law in this area, in the wake of the judgment, and recommended that the requirement for corroboration should be abolished.

A further review was conducted by Lord Bonomy in 2015, recommending a number of safeguards that could be introduced if the requirement for corroboration was abolished. Jury research, being one of the measures recommended, has already commenced.

The Law Society has consistently maintained that if corroboration is to be removed from Scots criminal law after being a cornerstone of our rules of evidence for centuries, such abolition cannot be undertaken in isolation, and that additional safeguards would be required. We welcomed the findings of the Bonomy review and think research will provide an invaluable insight into how juries operate. Whether corroboration is abolished is matter for Parliament.