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Judges respond to consultation on Carloway Report 23/10/2012 The Judges of the High Court of Justiciary have now submitted their response to the Carloway consultation.

Judges respond to consultation on Carloway Report

The Judges of the High Court of Justiciary, with the exception of Lord Carloway, have now submitted their response to the consultation launched by the Scottish Government in July this year.

The consultation follows on from recommendations made by Lord Carloway in his report on criminal procedure published in November 2011. While the judges support the majority of the Carloway Review proposals, they have unanimously agreed that the rule of corroboration should not be abolished.

In their view the requirement for corroboration provides a “major safeguard against miscarriages of justice”. They acknowledge that the requirement for corroboration has been abolished in civil cases but point to the differences in standards of proof and possible outcomes ie an accused can lose his or her liberty.

Other concerns expressed include:

* a fear that an abolition of corroboration could lead to “less diligent police investigation” and a possible “relaxation in the search for supporting evidence (even though such may well exist)”;

* a fear that a jury or judge may be reluctant to convict based on “one person’s word against another‘s; and

* “decreasing confidence in the legal system, and to lower rates of conviction generally.”

 

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