Ditch corroboration plans, say Justice Committee MSPs
Justice Secretary Kenny MacAskill wants the current corroboration law abolished Holyrood MSPs have suggested ditching controversial plans to abolish the requirement for corroboration from criminal justice legislation.
The Justice Committee made the plea after it emerged the majority of its members did not support change.
The reform is included in the Scottish government's Criminal Justice Bill.
Meanwhile, the government said former high court judge Lord Bonomy would lead an inquiry looking at the safeguards needed if corroboration was abolished.
Justice Secretary Kenny MacAskill said he remained "committed to this essential and long-overdue reform as the corroboration rule can prevent strong cases which could be prosecuted in other jurisdictions from being taken forward".
He added: "Scotland is the only country in the world which has been identified as having the requirement and this is acting as a barrier to justice and denying too many victims their opportunity to have their day in court."
But MSPs on the Justice Committee said they were "concerned that the case for abolition has paid insufficient regard to the importance of this requirement within the Scottish criminal justice system".
'Archaic rule'The committee has been scrutinising the Scottish government's Criminal Justice (Scotland) Bill, which includes plans to abolish the centuries-old requirement for corroboration - which means that currently evidence against an accused person must come from more than one source.
One of Scotland's top judges, Lord Carloway, called for the change in a review of the criminal justice system, insisting corroboration was "an archaic rule that has no place in a modern legal system".
Supporters include the police, victims' groups and prosecutors. Some have argued that the removal of corroboration could also help widen access to justice for victims, particularly in cases of rape and domestic violence.
Opponents, including many from within the legal profession, have said it could lead to rises in miscarriages of justice.
Justice Committee convener Christine Grahame said the proposal had divided opinion among the MSPs.
The SNP MSP said: "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 indeed secure more convictions.
"Some therefore asked the cabinet secretary to consider removing the relevant sections on corroboration from the bill.
"Others felt that the case had been proved."
Ms Grahame also said the Scottish government needed to provide "much more information on its plans to review additional safeguards" before the Scottish Parliament as a whole voted on the general principles of the bill.
Mr MacAskill said he noted the committee's recommendations and hoped its members would "welcome today's announcement on safeguards".
He said: "I have always been clear that we are willing to listen and to work with stakeholders on building further safeguards into our reforms.
"I therefore welcome the fact that Lord Bonomy has agreed to chair this reference group.
"I am confident that he and his team will carry out a robust and thorough exploration of any additional safeguards which may be required in the light of the corroboration requirement being abolished."
The group is expected to take a year for its deliberations, and will not make any recommendations before the bill is voted on at Holyrood.
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