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Corroboration : A Silver Lining
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Big Wullie



Joined: 25 Apr 2007
Posts: 5125


Location: Glasgow

PostPosted: Fri Apr 11, 2014 12:01 am    Post subject:  Reply with quote

If Lord Carloway wants us to be like other western civilisations then he should have recommended the same safeguards evident in their jurisdictions like Turnbull Directions, Jury requirements of 12-2 instead of the mere mention of a 10-5 majority in his report.

Scotland is backwards with their justice system and nothing short of a Commission will sort it out.
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Big Wullie



Joined: 25 Apr 2007
Posts: 5125


Location: Glasgow

PostPosted: Fri Apr 11, 2014 12:06 am    Post subject: Reply with quote

Can anyone in Scotland ever imagine the following ?

Jury's right to stop the trial[edit]

Once all the prosecution evidence has been given, the jury may at any time, of its own motion, decide to acquit the defendant. Few juries will realise that they have this power unless advised by the judge. Such judicial intervention is deprecated by the Court of Appeal and, as of 2007, is rarely exercised.[44]
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Big Wullie



Joined: 25 Apr 2007
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Location: Glasgow

PostPosted: Fri Apr 11, 2014 12:12 am    Post subject: Reply with quote

Number of jurors in England & Wales required for a Guilty or Not Guilty Verdict.

http://en.wikipedia.org/wiki/Juri...ngland_and_Wales#Number_of_jurors


Crown Court
Jurors At the start of Trial:12, Minimum of 9

Verdicts: 11-1, 10-2, 10-1, 9-1 Juries Act 1974, s.17

High Court
Jurors At The Start Of Trial: 12, Minimum of 9

Verdicts: 11-1, 10-2, 10-1, 9-1 Juries Act 1974, s.17

County Court
Jurors At The Start Of Trial: 8, Minimum of 7

Vedicts: 7-1 County Courts Act 1984, s.66; Juries Act 1974, s.17(2)

Coroner's Court
between 7 and 11 — Minority no more than 2 Coroners Act 1988, s.8(2)(a), s.12

In Scotland you can be convicted by one juror on an 8-7 Majority.

This could never happen in England.
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Big Wullie



Joined: 25 Apr 2007
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Location: Glasgow

PostPosted: Mon Apr 14, 2014 12:09 pm    Post subject: Reply with quote

The Penny has finally dropped.

Rape Crisis Scotland now concerned conviction rate will plummet if other changes are brought in.

http://www.holyrood.com/2014/03/corroboration-review-group-warning/

Corroboration review group warning


Too stringent safeguards would be backward step, says Rape Crisis Scotland


by Alan Robertson

Mar 31, 2014

No Comments


Fewer victims of sexual violence could gain justice following the work of a review group examining the abolition of corroboration, a key campaigner for the change has warned.

Rape Crisis Scotland (RCS) has expressed concerns over the potential outcome of a review considering additional safeguards and other areas of criminal law that might need changed should the long-standing requirement be axed.

The warning has comes as Police Scotland chief constable, Sir Stephen House, told Holyrood the notion that an individual will be convicted on a single strand of evidence is a “malicious red herring” used by those opposed to change.

Former High Court judge Lord Bonomy is heading up the group that will consider, among other things, jury majority and size, with reforms scheduled to commence at the same time as corroboration is scrapped.

Asked about the benefits of abolishing corroboration amid question marks over whether conviction rates will rise, RCS national co-ordinator, Sandie Barton, said: “I suppose it depends on the Bonomy reference group and what they come out with.

“We’ve made our views clear to the Cabinet Secretary that if this comes out with such a stringent range of counter measures – [such as] ‘we want a unanimous verdict’ – that actually it is going to be in a far worse position than we were because we know jury decision-making is often based on some of the myths around sexual violence, so that would be disproportionately affecting these sort of cases.”

Police Scotland is among those to have come out in favour of abolition. Speaking on the eve of the single service’s first anniversary, House said: “The whole thing has been overly complicated by various observers. It is about putting as much evidence in front of the court as possible and as much evidence in front of the jury as possible and if that evidence is corroborated great, if it’s not let them look at it and see what they think of it.

“If they don’t like it, fine. If they do like it and they find it persuasive then that should be enough. The concept that people are going to get convicted on [a] single strand of evidence, I think is frankly nonsense. I think it’s a malicious red herring thrown in by people who just don’t want any change. I think the court and jury should be trusted to look at evidence maturely and make the right judgment, so my view is it’s well overdue.”

Members of the Justice Committee refused to back the move earlier this year and called on Justice Secretary Kenny MacAskill to consider removing the proposal from the Criminal Justice (Scotland) Bill.

However, the proposed legislation was backed by a narrow majority at Stage 1 and is expected to return to committee for consideration of amendments on April 29.
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david



Joined: 01 Mar 2009
Posts: 502


Location: edinburgh

PostPosted: Mon Aug 11, 2014 1:35 am    Post subject: Reply with quote

part One -Legacy of Lust: The Story Behind the Moorov Doctrine

http://www.firmmagazine.com/happened-oscar-sammy/
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david



Joined: 01 Mar 2009
Posts: 502


Location: edinburgh

PostPosted: Thu Sep 10, 2015 12:17 am    Post subject: Reply with quote

Abolishment of corroboration removed from Justice Bill

Starts from aprox 32 mins.

Justice Committee - Scottish Parliament: 8th September 2015:

https://www.youtube.com/watch?v=-tluiJ5YWiY&feature=youtu.be

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