US EditionRights of sex abuse victims won't be harmed by Supreme Court judgment, says Scotland's top prosecutor
Scotland's chief prosecutor reassures that protections for sexual offence victims remain intact despite Supreme Court ruling requiring courts to adjust evidence admission to ensure fair trials.
- Last week five judges at the UK Supreme Court ruled Scottish courts should change their approach to admitting evidence about an accuser's character or sexual history, dismissing appeals by David Daly, appellant, and Andrew Keir, appellant, who received fair trials.
- Appellants David Daly and Andrew Keir argued their Article 6 of the European Convention on Human Rights right was infringed by limits on questioning complainers, and the Supreme Court said Scottish courts should modify this approach to avoid infringing defendants' rights.
- Katrina Parkes, legal director, Crown Office and Procurator Fiscal Service , said the office is responding swiftly, has delivered guidance and training across COPFS, and will update those involved in ongoing cases.
- The ruling is expected to prompt claims some cases dating back to 2017 may be miscarriages of justice, while Rape Crisis Scotland warned it could deter reporting and Lindsay Armstrong's family condemned intrusive questioning.
- Prosecutors pledged to uphold safeguards, with Lord Advocate Dorothy Bain KC saying `All of us working within criminal justice share a responsibility and a determination to ensure the rights of all involved are protected`.
8 Articles
8 Articles
Rights Of Sex Abuse Victims Won't Be Harmed By Supreme Court Judgment, Says Scotland's Top Prosecutor
Lord Advocate Dorothy Bain KC said they would not have their privacy intruded on unnecessarily. It comes after five judges at the UK’s highest court ruled last week that the approach taken by Scottish courts, which restricts questions on an accuser’s character or sexual history, “risks depriving a defendant of their right to a fair trial”. The Supreme Court had been considering the case of two men, David Daly and Andrew Keir, who were appealing …
English judges in England’s Supreme Court over-rule Scotland’s research based changes to protect victims of rape like this
Professor John Robertson OBA There was little chance that the Sunday Daily Record would report this honestly as their Holyrood 2026 campaign in support of Anas Sarwar kicks on. The above victim’s mother is concerned about a recent decision by the Supreme Court in London, which though not competent in Scots Law is, in the context of the Union, superior to the highest courts in Scotland and can exert considerable pressure on them, even over-turn t…
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