Views sought on not proven verdict

Dec 19 2012

Scotland's unique not proven verdict could be scrapped under proposals being explored by ministers.

The Scottish Government has launched a consultation on the issue as it signalled it intends to press ahead with abolishing the need for corroboration in criminal cases.

Ministers, who insist they remain "open-minded" about the future of Scotland's third verdict, are also seeking views on whether the number of jurors required to return a majority verdict in a trial should rise from the current level of eight.

The move comes as the administration at Holyrood explores what additional safeguards might be required in the justice system if the centuries-old requirement for corroboration in criminal prosecutions were to be abolished.

The controversial proposal to do away with the rule which ensures that all key evidence is backed by two sources was one of the main features of Lord Carloway's wide-ranging review of Scots law and practice.

Responses to an earlier consultation on the senior judge's proposals have been published and reveal that the majority of respondents from the legal profession opposed abolishing corroboration. A large majority of those who responded to the consultation also felt that safeguards should be put in place if it were to be scrapped.

Justice Secretary Kenny MacAskill said he agreed with Lord Carloway's view that the need for corroboration - branded "archaic" by the judge - should be removed.

Mr MacAskill said: "When we consulted on Lord Carloway's findings, we made clear that we were open to considering whether any additional changes to the justice system would be required in the light of his recommendation that the requirement for corroboration should be abolished.

"It is clear from the consultation responses we have received that the great majority of respondents think that it is necessary to consider additional safeguards, and they have highlighted, in particular, the question of jury majorities and the not proven verdict."

He added: "I am confident that in a system without a requirement for corroboration we would continue to see police and prosecutors striving to find the best evidence that can practically be made available to the court. I trust Scottish judges and juries would continue to apply good judgment and would only convict on the basis of clear evidence."