Court Judgments and Legal Authorities

The most significant recent judgment in Scottish criminal law for the purposes of this site. The UK Supreme Court found that the approach taken by Scottish courts to section 275 applications had in some cases been too restrictive and incompatible with the right to a fair trial under Article 6 ECHR. The judgment has direct implications for cases decided under the same restrictive approach and prompted a rewrite of the Scottish Bench Book guidance to judges.

Plain English summary — accused.scot/daly-keir-uksc-38-scotlandPrimary source — www.supremecourt.uk

The Supreme Court found that the Scottish practice of questioning suspects without access to legal advice was incompatible with Article 6 ECHR. The ruling prompted immediate legislative change and established the right of suspects in Scotland to have a solicitor present during police questioning. Significant for this site because it demonstrates that the Supreme Court has previously found aspects of Scottish criminal procedure incompatible with Convention rights and that the appropriate response is legislative change.

Primary source — www.supremecourt.uk

The original case from which the Moorov doctrine takes its name. The High Court of Justiciary held that where a series of offences disclosed a systematic course of conduct the evidence of each complainer could provide corroboration for the evidence of the others. The doctrine has been applied in Scottish courts ever since and is covered in detail in the Moorov doctrine page in the Understanding the Law section.

Plain English summary — accused.scot/moorov-doctrine-scotland-foi-no-recorded-evidence

The primary legislative provisions governing the admissibility of sexual history evidence in sexual offence cases in Scotland. Section 274 creates the general prohibition. Section 275 creates the exception. Both are covered in detail in the Understanding the Law section of this site.

Section 274 — www.legislation.gov.ukSection 275 — www.legislation.gov.uk

The legislation that abolished the not proven verdict, introduced the complainer transcript scheme, and made a number of other significant changes to Scottish criminal procedure. The Act has been the subject of significant debate about its compatibility with fair trial rights and its implications for the accused in serious criminal cases. The not proven verdict page in the Understanding the Law section covers the abolition and its implications in detail.

Primary source — www.legislation.gov.uk

The statutory framework governing disclosure in Scottish criminal proceedings. Part 6 placed the disclosure obligations of the Crown on a formal legislative footing and introduced the requirement for a defence statement. Covered in detail in the Disclosure and Evidence section of this site.

Primary source — www.legislation.gov.uk