Chamber
Meeting of the Parliament 25 September 2013
25 Sep 2013 · S4 · Meeting of the Parliament
Item of business
Corroboration
In support of his recommendation to abolish corroboration, Lord Carloway described it as
“an archaic rule that has no place in a modern legal system”.
That assertion has been repeated continuously on the airwaves today and is contained in the amendment from the Cabinet Secretary for Justice. It is a statement that, at the outset of this important debate, is worthy of further scrutiny, rather than just automatic repetition without consideration of what it means.
“The Chambers Dictionary” definition of archaic is:
“Ancient; savouring of the past; not absolutely obsolete but no longer in general use; old-fashioned.”
While the terms “ancient”, and even “savouring of the past” and “old-fashioned”, may be correct descriptions to apply to corroboration, the remainder of the definition is inappropriate and, quite simply, inaccurate when applied to corroboration as a rule.
In practice, corroboration is a principle that, far from being
“not absolutely obsolete but no longer in general use”
is currently, just as it has been for centuries, at the very heart of the Scottish criminal justice system and very much in general use on a daily basis, providing a safeguard against miscarriages of justice and all the misery that results from that for complainers and accused alike.
“an archaic rule that has no place in a modern legal system”.
That assertion has been repeated continuously on the airwaves today and is contained in the amendment from the Cabinet Secretary for Justice. It is a statement that, at the outset of this important debate, is worthy of further scrutiny, rather than just automatic repetition without consideration of what it means.
“The Chambers Dictionary” definition of archaic is:
“Ancient; savouring of the past; not absolutely obsolete but no longer in general use; old-fashioned.”
While the terms “ancient”, and even “savouring of the past” and “old-fashioned”, may be correct descriptions to apply to corroboration, the remainder of the definition is inappropriate and, quite simply, inaccurate when applied to corroboration as a rule.
In practice, corroboration is a principle that, far from being
“not absolutely obsolete but no longer in general use”
is currently, just as it has been for centuries, at the very heart of the Scottish criminal justice system and very much in general use on a daily basis, providing a safeguard against miscarriages of justice and all the misery that results from that for complainers and accused alike.
In the same item of business
The Deputy Presiding Officer (John Scott)
Con
The next item of business is a debate on motion S4M-07791, in the name of Margaret Mitchell, on corroboration. We are extremely tight for time so the member ...
Margaret Mitchell (Central Scotland) (Con)
Con
In support of his recommendation to abolish corroboration, Lord Carloway described it as“an archaic rule that has no place in a modern legal system”.That ass...
The Cabinet Secretary for Justice (Kenny MacAskill)
SNP
The member will be aware that Lord Carloway said that, in his extensive research, he could find no other jurisdiction in western Europe or indeed the Commonw...
Margaret Mitchell
Con
The fact that no other jurisdiction has corroboration is not sufficient reason to abolish it here. I find that a bizarre argument. The use of the word archai...
Margo MacDonald (Lothian) (Ind)
Ind
Would it be possible to find out whether everyone who speaks agrees with going to a new set of verdicts—proven and not proven?
Margaret Mitchell
Con
No doubt they will make their position clear. My view is that, if corroboration was abolished, it would strengthen the argument for keeping a not proven verd...
Kevin Stewart (Aberdeen Central) (SNP)
SNP
One of the things that concerns me about all of this is that, in considering 141 sexual offence cases that were dropped between July and December 2010, the C...
Margaret Mitchell
Con
I understand and sympathise with the member’s view. Perhaps I will be able to offer some comfort as I develop my argument.The comments that I have highlighte...
Kenny MacAskill
SNP
Will the member give way?
Margaret Mitchell
Con
I have been very generous with interventions. If the cabinet secretary does not mind, I will develop my argument.The Parliament’s cross-party group on adult ...
The Cabinet Secretary for Justice (Kenny MacAskill)
SNP
I welcome the opportunity to respond to the motion on the proposal to abolish the general requirement for corroboration in criminal cases. That proposal is a...
Margaret Mitchell
Con
Will the cabinet secretary confirm that the Scottish Human Rights Commission is against abolition? Does he have any concern that the testimony of one witness...
Kenny MacAskill
SNP
Yes, I would have concerns if it was simply the testimony of one witness, but the Lord Advocate has given clear guidance that that will not be the test. That...
Margo MacDonald
Ind
Will the cabinet secretary give way?
Kenny MacAskill
SNP
Not at the moment.I remain in complete agreement with the damning conclusion that Lord Carloway reached. He said:“the requirement of corroboration should be ...
Graeme Pearson (South Scotland) (Lab)
Lab
Will the cabinet secretary acknowledge that the views and recommendations of the senators of the College of Justice are somewhat different and that to accept...
Kenny MacAskill
SNP
We are not simply accepting the views solely of Lord Carloway. Views have been contributed by Police Scotland, the Crown, Victim Support Scotland, Scottish W...
Margo MacDonald
Ind
Will the cabinet secretary give way?
Kenny MacAskill
SNP
Not at the moment.The law on corroboration has been debated for the past three years, and at no point has anyone identified another system operating a genera...
Margo MacDonald
Ind
Will the cabinet secretary take an intervention?
Kenny MacAskill
SNP
Sorry, but I am running short of time.At the very least, the abolition of the requirement for corroboration will allow crimes committed in private, where the...
Elaine Murray (Dumfriesshire) (Lab)
Lab
One of the most important functions of the committees of this Parliament is to scrutinise legislation that is proposed by the Scottish Government; it is a ro...
Margaret Mitchell
Con
Is that not an argument for taking the issue of corroboration out of the committee process and having a wide and independent debate on it now?
Elaine Murray
Lab
No, I do not think that it is. There have been many controversial provisions in Government bills over the years, but they have gone through the committee pro...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP)
SNP
Will the member take an intervention?
Elaine Murray
Lab
I am sorry; I only have five minutes.Removal of the requirement for corroboration would theoretically permit cases to go to court on the evidence of one witn...
Kevin Stewart
SNP
Will the member give way?
Elaine Murray
Lab
No. I am sorry, but I only have five minutes and I am halfway through.Supporters of abolition argue that the proving of guilt would be dependent on the quali...
The Deputy Presiding Officer
Con
We move to the open debate. We are extraordinarily tight for time. Members have up to four minutes.15:03
Sandra White (Glasgow Kelvin) (SNP)
SNP
I will try to be as quick as possible, Presiding Officer. Margaret Mitchell said that we should not be looking at corroboration within the Criminal Justice (...