Report and Recommendations - Scottish Government
Report and Recommendations - Scottish Government Report and Recommendations - Scottish Government
372Annex A
Annex AAim of the researchThe Review wished to gain some understanding of the possible effect of the currentrequirement of Scots criminal law for essential facts to be proved by corroboratedevidence. To aid the Review in this, the Crown Office and Procurator Fiscal Service(COPFS) was asked to consider whether they held data that could be analysed toindicate what effect the abolition of the corroboration requirement might have.MethodologyCOPFS held data on cases where an accused person had been placed on petition andthe case had been marked ‘no further proceeding due to insufficient evidence’. Therewere a number of caveats (mentioned below) in using this data. However, it wasconsidered that, in the absence of any other relevant data, this provided the best andmost robust route to take in assessing any effect.COPFS were able to identify 458 such cases, covering the calendar year 2010.COPFS also identified a further 141 sexual offence cases, covering a period of sixmonths from 1 July 2010 to 31 December 2010, which were reported to its NationalSexual Crimes Unit, but where the accused was not placed on petition due to lack ofevidence.As this data was both confidential, subject to data protection requirements, andrequired someone with experience of the prosecution side of the criminal justicesystem, COPFS identified two procurators fiscal (an experienced prosecutor currentlyworking with solemn cases in COPFS and a recently retired senior District Procurator373
- Page 324 and 325: England and Wales, Ireland, South A
- Page 326 and 327: Wales, be regarded at least as an a
- Page 328 and 329: is so even if seasoned offenders ma
- Page 330 and 331: inquisitorial systems, what occurs
- Page 332 and 333: SCCRC. The Review believes that, in
- Page 334 and 335: jurisprudence, it must be recognise
- Page 336 and 337: Current Law8.1.5 A person convicted
- Page 338 and 339: introduced. Thus, as had been indic
- Page 340 and 341: Late Appeals (solemn cases)8.1.12 A
- Page 342 and 343: Summary cases8.1.16 In summary proc
- Page 344 and 345: emedy is provided for by law” 49
- Page 346 and 347: ConsiderationSolemn Appeals8.1.23 T
- Page 348 and 349: why the application is late 66 . Fu
- Page 350 and 351: case may be, by advocation against
- Page 352 and 353: e achieved by amendment of section
- Page 354 and 355: power ought to be retained on the b
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- Page 358 and 359: Thus, where there is a change of la
- Page 360 and 361: have his/her case referred back to
- Page 362 and 363: 8.2.9 It was perceived that there w
- Page 364 and 365: interests of justice, should be con
- Page 366 and 367: conviction be quashed. This applies
- Page 368 and 369: for undermining the important role
- Page 370 and 371: References to the High Court8.2.25
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- Page 376 and 377: Annex AFiscal) to assess these case
- Page 378 and 379: Annex Aconviction, were the rule of
- Page 380 and 381: 378Annex A
- Page 382 and 383: Annex BRight of access to a lawyer
- Page 384 and 385: Annex BRight of access to a lawyer
- Page 386 and 387: Annex BPolice questioning after cha
- Page 388 and 389: 386Annex C
- Page 390 and 391: 388Annex D
- Page 392 and 393: Annex ELondon - 18 th -19 th May 20
- Page 394 and 395: Annex EConsultative Meetings - cont
- Page 396 and 397: Annex ESubgroup & individual meetin
- Page 398 and 399: Annex ESubgroup & individual meetin
- Page 400 and 401: Annex EConferences/SeminarsLord Car
- Page 402 and 403: Annex FTable 2 - Organisations that
- Page 404 and 405: Annex GUnited Kingdom Parliament -
- Page 406 and 407: Annex GCases referred to in this Re
- Page 408 and 409: Annex GGordon v HM Advocate 2010 SC
- Page 410 and 411: Annex GParker v The Queen [2007] NT
- Page 412 and 413: Annex GBooks (continued)Title Autho
- Page 414: Annex GArticles (continued)Title Au
372Annex A
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