Holyrood hears misgivings over the abolition of corroboration

Abolishing corroboration in prosecutions could overturn the presumption of being innocent until proven guilty and increase miscarriages of justice, legal experts have warned.

Holyrood’s justice committee took evidence yesterday from experts and academics relating to Lord Carloway’s recommendation that the centuries-old requirement for corroboration should be abolished.

It was suggested that the Carloway Review would lower standards in policing and prosecution.

Brian McConnachie, QC, representing the Faculty of Advocates Criminal Bar Association, said: “There is a concern if corroboration is not required, even if it is potentially available, that the police will not carry out exhaustive inquiries to discover it, and the Crown, in certain circumstances, will simply not lead it.

“In the current climate where there are significant pressures on resources, and pressure by way of time and cost, there is a real possibility that only the bare minimum will be done.”

He warned: “This could easily have the effect of causing, rather than preventing, miscarriages of justice for the complainers, as well as for the accused.”

Bill McVicar, convener of the criminal law committee at the Law Society of Scotland, said the society has reached a “rare” and “historical” agreement with the faculty in relation to corroboration.

He added: “There is a concern that I have personally, and I am not speaking for the Law Society when I say this, that there is a move away from the original theory that we had that those who might be guilty should be acquitted to ensure that those who are definitely innocent should not be convicted.”