Corroboration in Scots law

Corroboration in Scots law

The importance of corroboration is a unique feature of Scots criminal law.[1] Scotland is the only jurisdiction in Europe that requires corroboration of evidence in criminal trials.[citation needed] A cornerstone of Scots law, the requirement for corroborating evidence means at least two different and independent sources of evidence are required in support of each crucial fact before a defendant can be convicted of a crime.[2] This means, for example, that an admission of guilt by the accused is insufficient evidence to convict in Scotland, because that evidence needs to be corroborated by another source.

However, testimony from some experts, such as coroners or doctors, is accepted by courts on the basis of the expert's report alone, therefore requiring no corroboration.

Following the Cadder ruling in 2010, Lord Carloway was appointed to lead a review of of the corroboration rule. Lord Carloway announced on November 17, 2011 that the corroboration rule will be brought to an end as the criminal law should be "re-cast" for modern society.

Contents

Field of study

As a legal system founded on civil law principals, evidence in Scots law is normally studied as a branch of procedural law.

References

  1. ^ Rose, Gareth (2 October 2011). "The corroboration rule, unique to Scots law". Scotland on Sunday (Edinburgh). http://scotlandonsunday.scotsman.com/scotland/Controversial-Scottish-law-escapes-review.6846161.jp. Retrieved 2 October 2011. 
  2. ^ "Consultation issued on Scots law after Cadder ruling". BBC News Scotland. 2 October 2011. http://www.bbc.co.uk/news/uk-scotland-13004941. Retrieved 2 October 2011. 

See also

External links


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