Government review of corroboration to begin work next month

Plans to overhaul the requirement for corroboration in criminal cases remain “unfinished business”, Justice Secretary Michael Matheson has said, as the Scottish Government prepare to revisit the issue within weeks.
 
Matheson, who shelved proposals to abolish the centuries-old requirement in April, warned Scotland’s criminal justice system is “still not serving women well” in cases of sexual violence. 
 
Holyrood has learned a further review covering the corroboration reform as well as recommendations of a group set up to consider safeguards in the event of its removal will start its work next month.

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An expert group led by former High Court judge Lord Bonomy earlier this year recommended that the requirement be retained when it comes to hearsay as well as confession evidence.
 
Matheson took the subsequent decision to remove the proposal from the Criminal Justice (Scotland) Bill currently passing through the Scottish Parliament, albeit said that government “still believes that there is a case to be made” for its abolition.
 
Speaking during a fringe event at SNP conference the Cabinet Secretary said it “seems reasonable” to revisit the issue of corroboration once safeguards that Lord Bonomy called for are implemented.
 
In comments that echoed those of the Lord Advocate – reported by Holyrood last month – Matheson said: “It’s very clear to me that our criminal justice system is still not serving women, in particular, well when it comes to issues of sexual violence and that we have to recognise that that’s an issue that still has to be addressed.
 
“I am very much of the view that the issue of corroboration is unfinished business and if we take forward the recommendations from Lord Bonomy, that gives us an opportunity to revisit that particular issue.”
 
The former public health minister told audience members he is hopeful that opponents to abolition, particularly within the legal profession, “will recognise… we are in a position where we can make progress on corroboration” once Bonomy’s findings are acted upon.
 
Government officials will take the first step next month, Holyrood can reveal, with work getting underway on a review that will consider corroboration reform.        
 
The review is also intended to cover at least three other areas: recommendations of the Bonomy review, jury research, and the use made by courts of the power to permit questioning about character as well as sexual and other behaviour in sexual offence cases.
 
However, the remit could be expanded subject to a further report on how evidence is taken and the treatment of children and vulnerable witnesses currently being drawn up by the Justice Board.
 
The board, which is comprised of government directors as well as senior figures across the justice sector, has been asked to report its findings to Matheson by the end of this month.
 
A government spokeswoman said it would be “premature to establish the remit, structure of timings of the review” until then, after being asked whether another independent figure akin to Lord Bonomy would be drafted in to lead the work.
 
Matheson, however, intimated to SNP delegates in Aberdeen the government is working to a timeframe of 18 months to two years.
 
“Whatever is included within the review, there will be full consultation with stakeholders to try to ensure a consensual approach to this work and agreed outcomes,” the spokeswoman told Holyrood.
 
Scottish Labour’s justice spokesperon Graeme Pearson said the Justice Secretary “rightly ditched” the proposal to axe the requirement for corroboration amid concerns within the legal profession.
 
"Experts, the public and opposition parties at Holyrood agreed that this would be a step backwards for Scotland's criminal justice system,” added Pearson.
 
“Michael Matheson is desperately trying to be all things to all people. Michael Matheson needs to stick to his decision and not bring this proposal back to parliament."