Matheson refuses to rule out further corroboration consultation

A further public consultation could be held on plans to replace the requirement for corroboration in criminal trials, the Scottish Government has acknowledged.

The Criminal Justice (Scotland) Bill was put on hold by former Cabinet Secretary for Justice Kenny MacAskill last April to allow a review of potential safeguards in the event of the centuries-old requirement being abolished to report.

However, his successor Michael Matheson today refused to rule out holding another consultation on findings of the review before the legislation proceeds to Stage 2.

A reference group led by former High Court judge Lord Bonomy outlined their “preliminary thinking” on a number of changes to law and practice in October ahead of a previous month-long consultation.

Among them, the expert review team suggested corroboration should be maintained where evidence relied solely upon either a confession or hearsay and that jury sizes and majorities required for a conviction be changed.

Lord Bonomy is expected to complete his review by April with Matheson insisting that MSPs will have ample opportunity to consider the recommendations prior to Stage 2 of the Bill getting underway.

Asked by Labour MSP Elaine Murray whether government has any proposals for a further public consultation, he said: “I think it’s important, first of all, that we await to receive the report from Lord Bonomy and their consideration and to then look at the issues which Lord Bonomy and his group have brought forward. 
 
“Depending on what’s contained within that report, [it] will then be reflected in the response that the government then makes about the need for any further consultation. 
 
“But I think at this stage it’s important that we allow Lord Bonomy and the group to complete their work, await the outcome from their report and at that point we’ll consider that in detail and will respond in due course as to what we see as being the most appropriate way forward dependent upon the recommendations contained within the report.”