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As the debate over the abolition of the requirement for corroboration in criminal trials continues to divide opinion, a senior judge has been appointed to consider what additional safeguards would be required in the event that corroboration is abolished.
Lord Bonomy, a distinguished former High Court judge who has served as a judge of the UN International Criminal Tribunal for the former Yugoslavia, will head up a reference group to consider the issues further.
At present he is considering membership of the reference group to ensure it is representative of the various interested organisations. The research necessary to underpin its work is expected to start as soon as possible, with the group seeking a wide range of views from across society on what additional safeguards or other changes might be required.
The terms of reference for the group announced this week include consideration of the following areas:
- Whether a formal statutory test for sufficiency based upon supporting evidence and/or on the overall quality of evidence is necessary.
- Whether any proposed prosecutorial test or a requirement for publication of any such test should be prescribed in legislation.
- The admissibility and the use of confession evidence.
- The circumstances in which evidence ought to be excluded.
- The practice of dock identification.
- Jury majority and size.
- The future basis and operation for a submission that there is no case to answer at the end of the prosecution case.
- Whether a judge should be able to remove a case from a jury on the basis that no reasonable jury could be expected to convict on the evidence before it.
- Whether any change is needed in the directions that a judge might give a jury, including a requirement for special directions in particular circumstances.
- Whether any additional changes are required in summary proceedings.
The group is expected to take a year to consider the matter fully, and any recommendations will then be subject to full Parliamentary scrutiny. The Scottish Government plans to introduce the reform in the year 2015-16.
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