FACING a race against time to get its Criminal Justice Bill on to the statute book, the Scottish Government yesterday decided to postpone the removal of the principle of corroboration from Scots law.

Announced in the midst of the General Election campaign, the decision provoked predictable outrage from the Government’s political opponents, with the Liberal Democrats in particular claiming credit for forcing a Government U-turn.

Emphasising that the removal of corroboration had been postponed and not deleted, Justice Secretary Michael Matheson announced the decision in a ministerial statement in Parliament following the publication of an independent report by Lord Bonomy’s Post-corroboration Safeguards Review group.

The Criminal Justice Bill will now proceed but without the clauses on the abolition of corroboration.

Under the centuries-old corroboration principle, which is unique to Scots law, two different and independent sources of evidence are needed to substantiate facts in criminal court cases, meaning that "no one shall in any case be convicted on the evidence of a single witness," as is stated in one of the foundation books of the country’s legal system.

Following the so-called Cadder ruling in 2010 about human rights in Scots law, Lord Carloway reviewed the corroboration principle and said it should be abolished with other safeguards being brought in to ensure that convictions were just.

The then Justice Secretary Kenny McAskill adopted Lord Carloway’s proposals into the Criminal Justice Bill and they were widely welcomed by women’s groups in particular due to the difficulties caused by the need for corroboration in rape and domestic abuse cases.

Under pressure from the legal profession and the other parties at Holyrood, McAskill asked Lord Bonomy to form a review group to look at ensuring the safety of convictions after corroboration is abolished.

Lord Bonomy’s report published yesterday contains recommendations including accused people being able to get free legal advice in police stations, the recording of all police interviews on video, the removal of dock identification, a review of jury majority verdicts – an increase from eight to 10 jurors voting guilty has been suggested – and further research on how juries reach verdicts.

The Scottish Government stated that it “believes further consideration of the numerous and complex safeguards suggested by the Group is needed and, as such, will be removing the proposals from the Criminal Justice (Scotland) Bill.”

Speaking after his statement to the Scottish Parliament, the Justice Secretary said: “The issues that Lord Bonomy has raised are of crucial importance, and I want to make sure we take the time to consider them fully.

“The Scottish Government will look at Lord Bonomy’s detailed recommendations as a package, alongside consideration of measures to improve access to justice for victims, including the corroboration requirement itself.

“We all recognise the added difficulties of prosecuting crimes committed in private, and we all share the belief that victims of crime deserve access to justice. Despite this, it has not been possible to build a consensus around the corroboration rule at this time. On that basis, it is clear to me that proceeding with the removal of the corroboration requirement in the Criminal Justice (Scotland) Bill would be neither appropriate nor feasible.”

Alison McInnes MSP, Scottish Liberal Democrat justice spokesperson, said: “I am pleased the Scottish Government has finally seen sense. However, if it was up to the SNP this would now be law. Only the unprecedented suspension of the Bill which Scottish Liberal Democrats secured prevented this dangerous and illiberal outcome.

“This fiasco shows the willingness of the SNP to risk the integrity of Scotland’s justice system on the basis of scant evidence. The current Justice Secretary and First Minister must now surely regret the role they played in trying to bulldoze flawed legislation through Parliament.”

The Scottish Conservatives' justice spokeswoman Margaret Mitchell has called for a “third way” which would allow retaining corroboration but including it in a future, wider review.

Mitchell said: “I welcome the Scottish Government’s confirmation that the abolition of corroboration will be removed from this Bill.

“This is most certainly the right thing to do, particularly after the former justice secretary Kenny MacAskill so arrogantly forced it through last year.

“We believe corroboration should be retained in Scots law, and if it does have to be reviewed, it should be done so as part of a wider study of criminal evidence to study that requirement.”

Alistair Morris, president of the Law Society of Scotland, said: “We consistently stated that the proposal to remove the corroboration requirement in criminal proceedings should be subject to a full review.

“We also expressed concern about the speed of the process in our response to Lord Bonomy’s review consultation.

“Deferring this until the next parliamentary session will allow for further consideration of this complex area of law and further scrutiny of necessary safeguards within criminal proceedings.

“The minister is to be commended for listening to our concerns and the issues raised by many others involved in the criminal justice system. We now look forward to continuing to work with the Scottish Government and others in developing a criminal justice system in Scotland which is properly balanced and gives due regard to the interests of those facing criminal charges, victims of crime and to wider society.”