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Carloway Review on Scottish criminal process. Corroboration abolition and rape trials: MacAskill speech.

2013 April 5
by Mary Munro

Carloway Review

“Campaigners: ‘Not proven’ allows rapists to go free” Scotsman

Following posted on 25.3.13

“Rape myths not behind low conviction rate, says leading family lawyer” Guardian

Following posted on 5.3.13

“Rape victim reveals how devastating experience has led her to launch campaign to change controversial Scots law” Daily Record
“Justice secretary backs rape law change” Scotsman
“Disappointment at rape case statistics” Press and Journal
“Rape law reform is right, says MacAskill” Herald
“Corroboration ‘not panacea for rape victims’, says Kenny MacAskill” BBC
“Government “absolutely right” to abolish corroboration: MacAskill” Law Society Journal Online

Following posted on 14.1.13

“Professor Gerry Maher QC: Scottish Government plans are fundamentally flawed” Scotsman

Following posted on 20.12.12

“Kenny MacAskill move puts not proven verdict in the dock” Scotsman
“Leaders: BBC must be cut down to size to win back trust | Carloway law reforms are a crucial step” Scotsman
“Abolition of ‘not proven’ verdict among proposals in legal consultation” STV
“Government backs down on corroboration abolition” The Firm Magazine
“MacAskill embarks on further corroboration paper” Law Society Journal Online
“Setting the safeguards” Law Society Journal Online editorial
“Justice and the quality of evidence” Herald
“Outcry forces ministers to look again at law reforms” Herald
“Consultation on scrapping ‘not proven’ verdict from court trials” BBC
“Scrapping corroboration will result in more jailed rapists, says top officer” Scotsman
“Carloway report calls for end to not proven verdict” Courier
“Justice Minister, Lord Advocate & Scotland’s top police chief accused of riding roughshod over ancient laws” Daily Record

Following posted on 6.12.12

“Judge stands by views on corroboration” Herald

Following posted on 12.11.12

“Ends of justice” Law Society Journal Online

Following posted on 6.11.12

“Judges consider case which could change the way rape trials are conducted” STV

Following posted on 2.11.12

“Cops should be granted power to enter people’s homes without warrants, say police chiefs” Daily Record
“Police demand greater powers to search homes” Herald
“Is greater police power warranted?” Herald

“Rape campaigners back calls for end to corroboration” Herald

Following posted on 29.10.12

“Please don’t take us back to the dark ages, Kenny” Scottish Sun
“Cadder, two years on: a word of comfort” The Firm Magazine

Following posted on 24.10.12

“Justice at risk say rights group” Scotsman
“Justice for victims and accused is the priority in corroboration argument” Herald

Following posted on 22.10.12

“Lord Carloway tenet ‘lacks rigour’” Scotsman
“Police body criticises plan to scrap corroboration rule” BBC
“Evidence change “about victims”, says MacAskill” Law Society Journal Online

Following posted on 18.10.12

“More opposition to abolition of corroboration as police latest to voice disagreement” Scotsman
“Police body supports evidence reform” Herald
“Pros and cons of corroboration” Herald
“Corroboration likely to stay as Judiciary and Faculty round on Carloway” The Firm Magazine
“Judges reject Carloway corroboration stance” Law Society Journal Online

Following posted on 17.10.12

“Scots judges reject bid to scrap ‘archaic’ rule from criminal cases” Scotsman
“Senior judges go on the attack over bid to change law” Scottish Express
“Advocates call for law probe after abolition proposal” Herald
“High Court judges oppose abolition of corroboration” BBC

Following posted on 27.9.12

“MacAskill undertakes to consider corroboration protections” Law Society Journal Online
“MacAskill pledge on law reform” Herald

Following posted on 6.7.12

“Ministers should rethink rush to end corroboration” Law Society Journal Online

Following posted on 4.7.12

“Scots justice system reforms likely to come with hefty price tag” Courier
“Weekend court plan after legal shake-up” Scottish Sun
“Courts ‘could sit at weekends to prevent longer time in detention'” STV
“Government “not minded” to revisit corroboration abolition decision, despite launch of “consultation”” The Firm Magazine
“Question 32 and the “nonsensical” consultation” The Firm Magazine
“Society voices corroboration concerns” Law Society Journal Online
“Ministers propose to accept Carloway reforms” Law Society Journal Online
“Legal anger at plan to scrap corroboration” Herald
“Ministers move to end corroboration in Scottish criminal law” BBC

For full post and all links go to

Following posted on 27.1.12

“Carloway “eviscerated”?” Lallands Peat Worrier
“MSPs call for full consideration of evidence rules” Law Society Journal Online
“S7 in the firing line as Justice Committee defend the role of the SCCRC and recommend repeal” The Firm Magazine
“Carloway Review wobbles as Justice Committee join chorus of disapproval” The Firm Magazine
“Carloway in Question: Thanks, but no thanks?” The Firm Magazine

Following posted on 6.1.12

“Faculty warns of “undue haste” in abolishing corroboration and calls for a Royal Commission” The Firm Magazine
“Advocates call for in-depth corroboration study” Law Society Journal Online

Following posted on 14.12.11

“Holyrood hears misgivings over the abolition of corroboration” Scotsman
“Lawyer warns of risks of removing need for corroboration” Courier
“Carloway law reform could affect justice, MSPs told” BBC
“Experts warn against the abolition of corroboration” Press and Journal
“Chief Constable of Lothian and Borders Police David Strang from the Association of Chief Police Officers in Scotland (ACPOS) told the Justice Committee he saw a “difficulty” with not being able to extend the detention period of a suspect beyond 12 hours in a small proportion of cases.” Democracy Live
“Case proved?” Law Society Journal Online

Following posted on 5.12.11

“Corroboration argument focuses on rape convictions” The Firm Magazine
“Corroboration – a second opinion” Scotsman
“Report will ‘shape law for decades’” Herald

Following posted on 1.12.11

“MSPs quiz judge over law review” Herald
“Lord Carloway tells MSPs legal plan will improve system” BBC
“Carolway defends corroboration proposals” Law Society Journal Online
“Carloway presses for corroboration overhaul: says does not reduce miscarriages” The Firm Magazine

Following posted on 21.11.11

“Interview: Lord Carloway – ‘If something is holding you back, you cut it off…’” Scotsman
“Legendary Peat Worrier identity revealed on Politics Show -Scotland” YouTube Clip of Politics Show interview with Maggie Scott QC and Andrew Tickell on corroboration.
“Knocking out a pillar” Law Society Journal Online

“Law of the land ripe for revision” Scotsman

Following posted on 17.11.11

“Lord Carloway recommends major changes to Scottish justice system” Courier
“Corroboration is archaic and must be abolished from Scots criminal prosecutions, says High Court judge Lord Carloway “ Daily Record
“Carloway’s modernisation is based on sound judgment” Scotsman
“Key ‘safeguard’ in Scottish law should be axed, says review” Scotsman
“Carloway background: An important element of Scots justice for more than 300 years” Scotsman
“Sandy Brindley: It will not mean a flood of cases” Scotsman
“John Scott: These measures have a vital role” Scotsman
“Plan to scrap cornerstone of Scottish justice system” Herald
“Warning Carloway’s plans risk ‘justice being undone’” Herald
“Jury still out on legal reforms” Herald
“Call to end Scots corroboration rule” Press and Journal
“‘Scrap rule that sets guilty free’” Scottish Express
“Rights end wrongs” Scottish Sun
“Qualified welcome for Carloway review” Law Society Journal Online
“Carloway proposes radical evidence changes” Law Society Journal Online
“Carloway unveils “radical and substantial changes” to criminal justice” The Firm Magazine
“Carloway Review and Pan Am 103: joining the dots” The Firm Magazine
“Call to drop corroborated evidence (Newsnight interview of Lord Carloway by Gordon Brewer)” BBC (video)
“Carloway review says end corroboration in crime cases” BBC
“Criminal case evidence ‘should not need corroboration'” STV (video)
“Review urges greater legal protection for criminal suspects in Scotland” Guardian
“From “justice undone” to “overstated angst”: reactions to Carloway on corroboration The Firm Magazine
“Changing the system”

“”‘Twas the night before Carloway…”” Lallands Peat Worrier

Following posted on 3.10.11

“Controversial Scottish law escapes review” Scotsman
“Special safeguard to survive in Scots courts” Scottish Express

Following posted on 16.6.11

“Corroboration still “a vital safeguard in Scottish law”: Society” Law Society Journal Online
“Corroboration defence launched by Law Society” Herald
“SHRC: “Serious reservations” over Cadder emergency legislation” The Firm

Following posted on 23.5.11

“Wha’s like us?” Law Society Journal Online

Following posted on 10.4.11

“Scots courts may open six days a week to ease load” Herald
“Post-Cadder criminal law consultation launches 6 months after “emergency” “The Firm Magazine

Following posted on 8.4.11

“Scotland to deliver its verdict on law reform” Herald
“Europe and the scales of justice” Herald
“Law reform must not entail rush to judgment” Scotsman
“‘Radical’ law reforms could end need for corroboration” Scotsman
“Justice is in the balance, says Lord Carloway” Scotsman
“Carloway review publishes consultation paper” Law Society Journal Online
“Human Rights Commission welcome for Carloway paper” Law Society Journal Online
“Consultation issued on Scots law after Cadder ruling” BBC

Press releases

“Corroboration requirement ‘affecting victims'” Scot.Gov. (March 2013)

“Corroboration safeguards consultation – good news” Law Society of Scotland
“New safeguards for legal system proposed” Scot.Gov. (December 2012)
“Judges respond to public consultation on Carloway Report” Judiciary of Scotland (October 2012)
“Removal of corroboration raises grave concerns, warns Law Society” Law Society of Scotland
““Radical overhaul” of criminal justice” Scot.Gov. (July 2012)
“Carloway Review : Rape Crisis Scotland statement” Rape Crisis Scotland (November 2011)
“Blueprint to reform criminal law” Scot.Gov. (November 2011)
“Launch Press release (17.11.11)” Carloway Review
“Carloway Review” (SG on behalf of Lord Carloway)
“Rape Crisis Scotland publishes briefing paper on Carloway Review” Rape Crisis Scotland

See also

Reforming Scots Criminal Law and Practice: Additional Safeguards Following the Removal of the Requirement for Corroboration (further consultation Dec.2012)
Reforming Scots Criminal Law and Practice: The Carloway Report – publication of non-confidential consultation responses

Judges of the High Court of Justiciary full response to consultation (October 2012)

Scottish Parliament Official Report 25.9.12: Reforming Scots Criminal Law and Practice (Public Consultation)
Reforming Scots Criminal Law and Practice: The Carloway Report. Scottish Government consultation paper (July 2012)
Scottish Parliament Justice Committee 13.12.11: Evidence on the Carolway Review
Scottish Parliament Official Report 1.12.11: Criminal Law and Practice (Carloway Review)
Scottish Parliament Justice Committee 29.11.11. Lord Carloway’s appearance before the Committee.
Carloway Report and Recommendations (November 2011) | Executive Summary
Launch statement (17.11.11)

Carloway Review site (hosted by SG)
Carloway Review Consultation Process
RCS Briefing on Carloway Review (May 2011)

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