Report and Recommendations - Scottish Government

Other Jurisdictions7.2.24 Common law jurisdictions may have a requirement for corroboration in certaincases. In England and Wales, for example, by statute, it is still required incases of perjury 40 and, curiously, speeding 41 . But generally it is not anabsolute requirement. As one legal historian put it 42 :“…English law did not adopt the general principle of merely countingwitnesses”.However, in jury trials it became obligatory to give the jury a specialwarning 43 about the dangers of accepting uncorroborated evidence in certainclasses of case. These were trials where the evidence against an accused camesolely from a child 44 , the complainer 45 in a sexual offences case or anaccomplice 46 . The warning was to the effect that it was dangerous to convictwithout corroboration, but that the jury could do so if they were neverthelesssatisfied of the truth of the testimony 47 . There are other situations wherewarnings of a similar type could be given, including where a witness mighthave an improper motive for lying or where the evidence against an accusedwas in the form of a fleeting eye witness identification.40 Perjury Act 1911 s 1341 Road Traffic Regulation Act 1984 s 89; cf Gillespie v McMillan (supra)42 Plucknett: Concise History of the Common Law p 38743 a “care warning”, or what would be described as a “cum nota” warning in Scotland44 whose testimony would not have been on oath45 whether male or female46 socius criminis47 see generally Archbold 2011 para 4-404b; Blackstone 2011 para F5.1 et seq269