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Reports on developments concerning the law of evidence and proof as of March 2003. Psychology and Law Conference in Edinburgh, Scotland; Ruling of the European Court of Human Rights in 'Cuscani v United Kingdom' and the right to a fair trial; Issue paper published by the New South Wales Reform Commission titled "Questioning of Complainants by Unrepresented Accused in Sexual Assault Trials"; South African Law Commission's completion of a report on aspects of criminal procedure.

The merits of corroborated evidence in criminal trials have been hotly debated in many jurisdictions, with most having now abandoned this requirement. The Scottish government intends to do likewise--at a time when some other jurisdictions are considering its reintroduction. This article considers whether there is merit in retaining a corroboration requirement for two types of evidence, namely for visual identifications and extra-judicial confessions. It explores whether the introduction of a weighted jury majority, as the government proposes, can compensate for the problematic nature of such evidence. In respect of visual identification evidence, it is argued that any safeguard which corroboration might have provided has been weakened by the way in which the courts have developed the law. Alternative mechanisms for improving the quality of such evidence are assessed. In relation to confessions, the article argues that increasing the jury majority is a poor substitute for corroboration. [ABSTRACT FROM AUTHOR]

This article describes the recent development of a common law doctrine of disclosure in Scottish criminal procedure when, as little as 10 years ago, the prosecution had no legal duty to disclose any information to the defence prior to trial. Further, it is argued that this transformation has the potential to move the Scottish criminal justice system further from its adversarial base towards a more inquisitorial model. [ABSTRACT FROM AUTHOR]