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VITAL VOICES: Helping Vulnerable Witnesses Give Evidence
Report on the Analysis of Responses to the Consultation
SECTION TWO: THE LEGAL CONTEXT
Question 1: Do you support the Executive's views that the law on corroboration in criminal cases should not be changed?
Total Submissions Received | No comment made | Consultees that commented | Of those that commented |
| (n=38) | (n=38) | Yes
(n=33) | No
(n=3) | Yes - Conditional
(n=2) | Not Specified
(n=0) |
76 | 50% | 50% | 87% | 8% | 5% | 0% |
8. Half of the submissions received (n=38) did not specifically address the issue of corroboration of evidence in criminal cases. Of those that did (n=33), 87% supported the Executive's views that the law on corroboration of evidence in criminal cases should not be changed. A further 5% (n=2) offered conditional support for the Executive's views while 8% (n=3) were opposed to it.
9. According to one Consultee the requirement for corroboration is an essential element in establishing guilt beyond a reasonable doubt. 3 This Consultee suggested that there should be no diminution of the fundamental presumption of innocence in criminal proceedings to which every accused person is entitled until their guilt is established beyond reasonable doubt 4.
10. Other Consultees suggested that corroboration acts a safeguard against any possible miscarriages of justice, 5 the dangers of which are "too great" 6. It also acts as a valuable "check on evidence presented" 7 in addition to protecting the right of an accused to a fair trial. 8 It is a basic tenet of the Scottish criminal justice system 9 and the negative impact abolition would have on human rights would far outweigh the possible benefits to the victim. 10
11. Other opinions expressed by Consultees on the matter of corroboration of evidence include the following:
- There is no need to alter the rules on corroboration if vulnerable witnesses (in particular children 11 and female complainers in sexual offence cases 12) are provided with the support and assistance required to ensure they give effective evidence 13
- It is important to consider other steps for vulnerable witnesses while ensuring the rights of the accused are not compromised 14
- There needs to be more focus on making the prosecution cases stronger 15
- Current procedures limit the types of evidence used to corroborate witness statements. 16 In addition, certain offences (such as domestic abuse cases) do not lend themselves to easily establishing corroborative evidence 17 therefore more emphasis needs to be placed on gathering different types of evidence for use as corroboration 18
- Further consideration of how evidence is collected is also required 19
- The evidence of a child should not consist solely of their verbal statement 20: too much emphasis is currently placed on the statements of child witnesses or "own evidence." 21 Instead, there needs to be a thorough investigation of forensic, alibi and circumstantial evidence 22
12. Two Consultees expressed conditional support for the Executive's views on corroboration. According to these Consultees the law on corroboration of evidence in criminal cases should remain as it is on the proviso that:
(a) The Executive applies the principles that for under 16s, involvement in court processes is generally against their best interests and should be avoided where possible 23
(b) Improved supports to children/vulnerable witnesses should include pre-trial preparation and sensitive handling of all vulnerable witnesses from time of arrival at court 24
13. Thirteen per cent (n=3) of Consultees were in favour of alterations to the current law on corroboration of evidence in criminal cases. These Consultees offered the following in support of their views:
- The requirement for corroboration is a barrier to justice in certain cases, in particular cases involving the sexual abuse of children 25
- A review of the law on corroboration and the Moorov doctrine is required: the current requirement of corroboration results in no justice for many children 26
- Amending the rules on corroboration may present difficulties due to human rights legislation; however, a wide review of procedures is required in addition to consideration of the use of specialist prosecutors and judges 27
- If the law on corroboration is not changed, the whole area of sexual abuse needs closer scrutiny 28
- Changes in procedures 29 and vastly improved support services are required 30
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