Report and Recommendations - Scottish Government

operates in a context where the human rights of all, including those of bothsuspect and victim, are adequately and effectively protected.4.0.14 In considering the road down which Scotland should travel in relation tosecuring justice in its adversarial trial system, the Review has concluded, aftermuch reflection, that the requirement for corroboration, which has existedsince time immemorial, should be abolished in favour of a qualitativeassessment of evidence. This will, if accepted, prompt widespread change inpolice and prosecution practice. It will terminate the situation, whichcurrently exists, whereby the alleged perpetrator of a crime cannot beprosecuted because corroboration chances not to have been found. It is theReview’s conclusion that the abolition of the requirement will not, to anymaterial degree, increase the likelihood of miscarriages of justice occurringwithin the system. It will promote the idea of justice for all and introduce intothe courts a more liberal approach to the assessment of evidence, of a naturewhich exists throughout continental Europe and is prevalent too in the otherparts of the United Kingdom, Ireland and countries where common lawadversarial systems predominate. Although not so evident in those systems,the Review also recommends, for similar reasons, the abolition of the complexrules which discriminate between the admissibility of statements by accusedpersons according to whether they are classified as incriminatory, exculpatoryor mixed.4.0.15 The abolition of the requirement for corroboration may change the type ofadvice which is given by solicitors to clients about to be interviewed by the68