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Recent Editions
Legal Matters
Scotland
Lord Advocate Dorothy Bain KC has warned of significant "disruption" to Scotland’s justice system following a Supreme Court ruling that found long-standing interpretations of rape shield laws risked breaching defendants’ right to a fair trial. The court held that Sections 274 and 275 of the Criminal Procedure (Scotland) Act had been applied too restrictively since 2013, preventing defence teams from presenting evidence that could challenge a complainer’s credibility. Bain said courts must now take a more "flexible and nuanced" approach, acknowledging fairness may at times require admitting intrusive evidence. She anticipates delays as prosecutors are retrained and defence lawyers submit many more Section 275 applications, including revisiting previously refused evidence. The ruling is also expected to trigger a wave of appeals from individuals convicted of sexual offences dating back to 2013, with further referrals likely from the Scottish Criminal Cases Review Commission.
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