Scottish government drops plans to abolish corroboration

The Scottish government has said it will not proceed with the proposal to end the requirement for corroboration in criminal trials in Scotland during the current parliament.

Justice secretary Michael Matheson announced his decision in a ministerial statement today following the publication of an independent report by Lord Bonomy’s Post-corroboration Safeguards Review group.

The report contains a significant number of recommendations designed to strengthen safeguards should the requirement for corroboration be abolished.

The government said further consideration of the numerous and complex safeguards suggested by the group is needed and, as such, will be removing the proposals from the Criminal Justice (Scotland) Bill.

In his statement, Mr Matheson highlighted the reasoning behind the proposal to remove the corroboration requirement, notably tackling domestic abuse and sexual crime, and said there was still a case for reform to the law, but acknowledged that currently there was no consensus across the board on the removal of the corroboration requirement.

Speaking after his statement to the Scottish parliament, he said: “The issues that Lord Bonomy has raised are of crucial importance, and I want to make sure we take the time to consider them fully.

“The Scottish government will look at Lord Bonomy’s detailed recommendations as a package, alongside consideration of measures to improve access to justice for victims including the corroboration requirement itself.

“We all recognise the added difficulties of prosecuting crimes committed in private, and we all share the belief that victims of crime deserve access to justice.

“Despite this, it has not been possible to build a consensus around the corroboration rule at this time.

“On that basis, it is clear to me that proceeding with the removal of the corroboration requirement in the Criminal Justice (Scotland) Bill would be neither appropriate nor feasible.

“Our justice system must provide the appropriate balance, so that the rights of suspects, victims and witnesses all get the protections they deserve. It must, as far as possible, be fair to all.

“The original motivation behind examining the general requirement for corroboration was to improve access to justice for victims of crimes committed in private, including domestic abuse, rape and sexual offences, and this government’s absolute dedication to protecting vulnerable people has not changed. That is why I want to take a holistic approach and look at these issues in the round.”

Responding to the news that corroboration will not be abolished, Alistair Morris, president for the Law Society of Scotland, said: “We strongly welcome the cabinet secretary’s announcement.

“Deferring this until the next parliamentary session will allow for further consideration of this complex area of law and further scrutiny of necessary safeguards within criminal proceedings.

“This is one important reform which could potentially be progressed at an earlier stage.”