Bonomy reports on proposed post-corroboration safeguards

Numerous safeguards should be put in place for the accused before the corroboration rule in Scots criminal procedure is abolished, the review under Lord Bonomy reported today.

The former High Court judge was asked to consider what additional provisions might be necessary, as the Scottish Parliament voted narrowly last year to end the centuries-old principle. Supporters of abolition say it makes convictions hard to obtain in cases of domestic violence and sexual assault, but many lawyers and judges believe this would open the way to miscarriages of justice. The then Justice Secretary, Kenny MacAskill, undertook that the abolition provision would not be brought into force ahead of any further rules recommended by Lord Bonomy.

Lord Bonomy's main recommendations are that:

• All formal interviews with suspects at police offices should be recorded by audiovisual means (and recording equipment should be installed in police vehicles); there should be no requirement to pay contributions towards legal advice received at a police office.
• The practice of relying on dock identification should be ended: where identificaiton is in issue, this should be addressed before trial, and procedures also recorded.
• The Lord Advocate should be bound to issue, and keep under review, codes of practice relating to identification and interviewing procedures.
• The Lord Advocate should also be bound to publish the "prosecutorial test", which should be subject to consultation while remaining a matter for him.
• The corroboration requirement should be retained for hearsay and also confession evidence.
• The basis for a no case to answer submission should include circumstances where "it would not be proper to convict on the evidence presented".
• There should be a minimum of 10 votes in favour of a majority jury verdict, pending further research; no case has yet been made for further change.
• Brief reasons should be given in open court for the verdict in every summary case, whether conviction, acquittal, or no case to answer.
• There should be a body to ensure provision of "appropriate adults" for vulnerable persons in custody. 

There was some difference of view among those contributing to the report, but mainly the views expressed are of the 18-strong reference group as a whole. The cost implications have not been assessed; these are for Scottish ministers to assess.

Click here to view the report.

A ministerial statement is to be made later today. In an initial response, the Law Society of Scotland welcomed Lord Bonomy's "thorough and wide ranging" report, with measures "which could improve the criminal justice system whether or not the corroboration requirement is abolished".