New safeguards for criminal justice?

The Scottish Government is consulting on new proposals for safeguards to the criminal justice system, after reviewing responses to the Carloway consultation.

In 2011 Lord Carloway was asked to review a range of aspects of Scottish criminal law and practice, in the aftermath of the Cadder decision, which held that detention of suspects by the police for up to six hours without access to legal advice did not comply with the European Convention on Human Rights (ECHR).

He published his report in November 2011, and his recommendations have generally been supported. However, the Government found that while third sector organisations such as Rape Crisis and Victim Support were in favour of abolishing the requirement for corroboration, the majority of respondents from the legal profession were not in favour of this proposal.

Most felt that safeguards should be put in place if corroboration was abolished, and the Government is looking into what these additional safeguards might be. In particular it is seeking views on:

• proposals to increase the jury majority required to return a verdict;

• to widen the trial judge’s power to rule that there is no case to answer and

• on whether the “not proven” verdict should be abolished.

Comments are sought by 15th March.