MSPs urge SNP not to change laws on evidence
MSPs unconvinced SNP’s plans will improve justice
The Scottish Government has been urged to ditch controversial plans to abolish the requirement for corroboration from criminal justice legislation.
holyrood’s justice committee made the plea yesterday as it was revealed that the majority of MSPs on the committee do not believe the case has been made for the change.
In a report the MSPs said: “The majority of committee members are of the view that the case has not been made for abolishing the general requirement for corroboration.”
The Scottish Government remains determined to push the changes through in the face of opposition from judges, lawyers and legal academics.
Former high Court judge Lord Bonomy is to head up a group looking at what safeguards might be required if corroboration is abolished. Corroboration requires two independent sources of evidence to back up key aspects of a prosecution case.
Thursday 6 February 2014 The case to abolish the requirement for corroboration has “not been made”, the justice committee has warned the Scottish Government, and should be shelved.
Several MSPs said they were unconvinced the proposed change would “improve access to justice for victims of sexual offences in a meaningful way”.
And they all agreed last night that it should not be scrapped before a review, led by lord Bonomy, of alternative safeguards against miscarriages of justice has been completed.
The critical report is a blow to Justice Secretary Kenny MacAskill, particularly as the committee is led by SNP MSP Christine Grahame, and includes three other SNP members
The report makes clear the majority on the committee believed corroboration should be removed from the wide-ranging Criminal Justice Bill.
The report said: “The majority of committee members are of the view that the case has not been made for abolishing the general requirement for corroboration and recommend that the Scottish Government consider removing the provisions from the bill.”
however, the Scottish Government – which has faced opposition from judges, lawyers and legal academics – is determined to push the changes through.
Ms Grahame said: “The proposal to abolish the corroboration requirement is a reform which has divided opinion.
“The committee could not reach agreement on whether removing such a significant and integral part of the criminal justice system would improve ‘access to justice’ for victims of sexual offences in a meaningful way or secure more convictions.”
Although the government announced yesterday that lord Bonomy will lead a review on alternative safeguards against miscarriage of justice, MSPs are concerned they will be asked to vote on corroboration before he can report back.
“Some committee members do not believe, in the event that the requirement for corrobora- tion is removed, that concerns relating to the need for further reform can be explored properly during the passage of the bill and are therefore calling on the Scottish Government to provide much more information on its plans to review additional safeguards before the stage one debate, expected later this month,” Ms Grahame said.
Corroboration requires two independent sources of evidence to back up key aspects of a prosecution case. however, this is seen as a particular hurdle in sexual offence and domestic abuse cases, which are rarely witnessed.
All of Scotland’s judges, with the exception of lord Carloway, have opposed the abolition.
Margaret Mitchell MSP, Scottish Conservative justice spokeswoman, said last night that the abolition “would almost certainly result in a rise in miscarriages of justice”.
however, police, the Crown Office, and justice campaigners, including Rape Crisis Scotland and Scottish Women’s Aid, back the Scottish Government.
Speaking last night, Mr MacAskill said: “We note the recommendations of the committee and we hope its members will welcome today’s announcement on safeguards.”