The legal requirement for evidence to be corroborated in Scots criminal cases could be abolished under new proposals.
As part of a review of the criminal justice system in Scotland, High Court judge Lord Carloway found the rule to be "archaic".
Currently, all evidence lead in a criminal case needs to be backed up by at least two sources.
Lord Carloway stated in his plans unveiled on Thursday that the feature unique to Scots law "may now operate as an impediment to justice".
Lord Carloway wrote that corroboration "has been, and still is, regarded by many as an invaluable safeguard against the occurrence of miscarriages of justice.
"A majority of persons, especially lawyers, practising in criminal law, regard corroboration of testimony as an important aspect of their professional lives."
The judge found that there is "no doubt that the requirement of corroboration should be entirely abolished for all categories of crime.
"It is an archaic rule that has no place in a modern legal system where judges and juries should be free to consider all relevant evidence and answer the single question of whether they are satisfied beyond reasonable doubt that the accused person committed the offence libelled.
"Abolition would bring Scots law into line with modern, and almost universal, thinking on how to approach evidence in criminal, and indeed all other, cases.
"There is little evidence to suggest that the requirement is in fact an effective protection against miscarriages of justice.
"Research commissioned by the review suggests instead that the corroboration requirement may well hinder justice by preventing credible and reliable cases from being prosecuted."
Legal traditions
On publication of the report, he said: "The report recognizes that it is not starting from a blank sheet of paper. It cannot effect total reconstruction, riding roughshod over sound existing traditions.
"The recommendations therefore seek to mould new elements and new thinking with existing practices in order to create a more robust, revitalised and modern system. “In particular, they seek to re-structure and reinforce the system’s foundations by instilling a human rights approach in larger measure and at greater depth.
"The aim is a system that not only surpasses minimum requirements today, but also stands up to developments for the foreseeable future."
He had been commissioned to carry out the review by the Scottish Government after the Cadder decision in the Supreme Court last year.
It meant that suspects detained by police would have a right to have a lawyer present during questioning, as is the case in several other justice systems.
Lord Carloway has recommended that an arrest should trigger a set of more rights for a suspect in securing access to a lawyer, with particular protections for child suspects and vulnerable adults, to ensure their right to a fair trial.
Under his 76 proposals, a suspect who is charged in an investigation should be brought before a court within 36 hours of arrest.
Police would also have greater powers to conduct a structured investigation, with the ability to liberate a suspect on the condition that they return for later questioning.
Welcome review
Justice secretary Kenny MacAskill welcomed the review.
He said: "Following the UK Supreme Court's ruling on the Cadder case last year, we immediately passed emergency legislation to protect the victims of crime and make sure our police could continue to investigate crime effectively. In addition to the emergency legislation, the Lord Advocate also acted early to protect live cases ahead of the Cadder ruling.
"We continue to work closely with our criminal justice partners to ensure that Scotland has a modern robust justice system fit for the 21st century. I am grateful for the committed engagement of police, prosecutors and defence agents in implementing the necessary changes to date.
"The Carloway Review builds upon the actions we took last October and will frame longer term reform. The recommendations are far reaching and, while respectful to traditional systems that have served us well over centuries, seek to reshape and respond to present-day obligations and expectations.
"The Carloway Review is very welcome; it gives us considered advice on how we ensure our justice system continues to cope with unprecedented pressures and offers long lasting solutions to some of the challenges we face. I look forward to considering these significant recommendations in detail as a basis of making further and wide reaching improvements to Scotland's distinct justice system."
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