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Lord Bonomy to head reference group.

Former High Court Judge Lord Bonomy is to head up a reference group to consider what additional safeguards and changes to law and practice may be needed in Scotland’s criminal justice system when the corroboration requirement is abolished.

Lord Bonomy, a distinguished former High Court judge who has served as a judge of the UN International Criminal Tribunal for the former Yugoslavia, is considering membership of the reference group to ensure it is representative of the various interested organisations. The research necessary to underpin its work will commence as soon as possible, with the group seeking a wide range of views from across society on what additional safeguards or other changes might be required.

Lord Bonomy was appointed as a Senator of the College of Justice in 1997. In 2001 he carried out a comprehensive review of the practices and procedure of the High Court of Justiciary, which led to significant reforms to High Court practices.

The terms of reference for the group announced today include consideration of the following areas:

• Whether a formal statutory test for sufficiency based upon supporting evidence and/or on the overall quality of evidence is necessary

• Whether any proposed prosecutorial test or a requirement for publication of any such test should be prescribed in legislation

• The admissibility and the use of confession evidence

• The circumstances in which evidence ought to be excluded

• The practice of dock identification

• Jury majority and size

• The future basis and operation for a submission that there is no case to answer at the end of the prosecution case

• Whether a judge should be able to remove a case from a jury on the basis that no reasonable jury could be expected to convict on the evidence before it

• Whether any change is needed in the directions that a judge might give a jury, including a requirement for special directions in particular circumstances

• Whether any additional changes are required in summary proceedings.

Appeals are not expected to be considered by the review as they are for wider consideration, not related specifically to corroboration.

The group is expected to take a year in its deliberations. Any necessary legislative and practical change to be taken forward on the back of its recommendations will then be subject to full Parliamentary scrutiny and commenced alongside the provisions in the Criminal Justice Bill, abolishing the corroboration requirement – which as before, is intended to take place in the financial year 2015-16.

The Lord President, Lord Gill said:

“I am grateful to the Cabinet Secretary for his sensitive response to the widespread discussion of this proposal, and for his usual courtesy in letting me see the terms of reference before they were finalised. The proposed review will enable this issue to be looked at at greater length by a body of experienced professionals. The terms of reference should allow a thorough consideration of the issues. I am pleased that Lord Bonomy has agreed to Chair the Review and I look forward to seeing the results of the Review’s work.”

The Cabinet Secretary for Justice, Kenny MacAskill said:

“I remain committed to this essential and long overdue reform as the corroboration rule can prevent strong cases which could be prosecuted in other jurisdictions from being taken forward. Scotland is the only country in the world which has been identified as having the requirement and this is acting as a barrier to justice and denying too many victims their opportunity to have their day in court.

“However, I have always been clear that we are willing to listen and to work with stakeholders on building further safeguards into our reforms. I therefore welcome the fact that Lord Bonomy has agreed to chair this reference group. I am confident that he and his team will carry out a robust and thorough exploration of any additional safeguards which may be required in the light of the corroboration requirement being abolished.

“We note the recommendations of the Justice Committee in its Stage One report on the Criminal Justice Bill and hope its members will welcome today’s announcement on safeguards."