Changes to Scots law that could see individuals being convicted without the corroboration of any evidence has been criticised by legal experts. 

Removal of Corroboration 

The move to remove corroboration, a unique aspect of Scots law, comes at the recommendation of Carloway Review commissioned by the Scottish Government and has been met with some criticism. Corroboration means that additional evidence must be provided as well as an admission of guilt in order to charge someone with a crime in Scotland.

Colin Dunipace, a member of the Law Society’s Council and its criminal law committee, said: “The introduction of any new safeguards would have to ensure that the integrity of Scots criminal law is not compromised, and we cannot simply borrow safeguards from other jurisdictions without proper regard as to how the Scottish system has developed and currently operates." 

Critical of the Removal

Professor Robert Black has spoke out against the abandonment of a cornerstone of a principle of Scots Law following the warning from the Law Society of Scotland that borrowing from other jurisdictions and replacing corroboration may damage or be ineffective in Scots law. 

He said: “But what's really needed is a belated recognition that the Carloway proposal to abolish corroboration was a nonsense and should now be jettisoned."

The Scottish Government has delayed its plan to abolish corroboration pending a review that is expected to conclude in April 2015.

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