Further plans in hand to ease course of justice

THE way in which the Scottish criminal justice system pursues rapists is set to change further, with the proposed abolition of corroboration.

The requirement to have two independent pieces of evidence incriminating the accused has been a staple of Scots law for centuries. However, Lord Carloway, in a revolutionary review, has argued it is outdated and should be scrapped.

In rape cases, the need for a second piece of evidence can prove difficult, as the offence is not often witnessed and many victims are so traumatised by what has happened that they do not report it immediately.

Previously, police would rely on admissions made in interview as a way of corroborating a victim’s statement. However, a year ago the Supreme Court ruled that suspects should not be interviewed without first being provided access to a lawyer, in the now famous Cadder case.

Since then, it is understood, more suspects have remained silent during interview, making it harder for police to obtain corroboration. This may explain why the conviction rate has been higher in the past year, as the cases that are referred to, and taken forward by, the procurator fiscal would have to have two independent pieces of evidence – potentially over and above any admissions made in police interview – which would have made them compelling.

Lord Carloway does not believe that abolishing the requirement for corroboration would lead to more cases being brought. Instead, he has argued, it would put greater focus on the quality of evidence, rather than the quantity.

While the proposal to abolish corroboration has been generally welcomed by campaigners, Scottish Women’s Aid has sounded a note of caution. It said it hopes any change in the law “will not lead to a situation where only ‘sure win’ cases, where complainers have the most robust testimony would have their cases taken to trial”.