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Legal Matters
Scotland
Scottish ministers unable to assess sex offence appeal numbers

The Scottish Government has told MSPs it cannot determine how many convicted sex offenders, if any, may have grounds for appeal following a Supreme Court ruling on evidence admissible in sexual offence trials. The judgment found that Scotland’s rape shield laws had been interpreted too restrictively, potentially undermining defendants’ right to a fair trial. The Scottish Criminal Cases Review Commission (SCCRC) has received 44 applications relating to the ruling, up from 15 in March, and expects the number of affected cases to be large. Officials have discussed the possibility of a group challenge similar to the Post Office Horizon scandal. Former Lord Advocate Dorothy Bain and former justice secretary Angela Constance warned the ruling could cause delays, adjournments and appeals across the justice system.

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