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Reforming Scots Criminal Law and Practice: Additional Safeguards Following the Removal of the Requirement for Corroboration: Analysis of Consultation Responses

DescriptionAnalysis conducted by Why Research of responses to a consultation seeking view on additional safeguards which may be required for the justice system in light of Lord Carloway's recommendation to remove the requirement for corroboration.
ISBN9781782566625
Official Print Publication Date
Website Publication DateJune 21, 2013

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ISBN 978 1 78256 662 5 (web only publication)
DPPAS 14421

Shona Mulholland and Jo Fawcett

Why Research

This document is also available in pdf format (375 KB)

Contents

Executive Summary

Background

Summary

2. Introduction

Background

Overview of responses

Analysis and reporting

3. Corroboration

4. Safeguards around the decisions of the jury

A qualified majority system

Majority size

Whether it should be open to the prosecution to seek a re-trial

Other comments on safeguards around the decisions of the jury

5. The Not Proven Verdict

Whether the not proven verdict should be retained

Guilty/not guilty or Proven/not proven

6. Submission from Accused for the Judge to Withdraw

7. Other Comments

8. Summary

Appendix 1: List of Organisations

Appendix 2: The Consultation Questionnaire

Acknowledgments

Thanks to the individuals and organisations who responded to the consultation and to all at the Scottish Government Justice Analytical Services Division who provided input and offered advice as required.