Proposal for Independent Legal Representation for Complainers Where an Application is Made to Lead Evidence of Their Sexual History or Character

  • Keane, Eamon (Principal Investigator)
  • Convery, Tony (Co-investigator)

Project Details

Description

A report which considers the case for the introduction of independent legal representation for complainers in criminal trials, where an application has been made to lead evidence of their sexual history or character.

Key findings

The report argues that such a right should be created in Scotland so that a complainer can receive legal advice and make representations at section 275 hearings (hearings where applications are considered whether to permit parties to lead the aforementioned evidence in terms of the Criminal Procedure (Scotland) Act 1995). The report concludes that such a right should be introduced as it has the potential to improve judicial decision making in this area and improve complainer experience of an especially distressing aspect of the prosecution, whilst preserving the adversarial nature of the trial itself. The report contends that such a right is consistent with Article 8 European Convention on Human Rights case law.
StatusFinished
Effective start/end date2/03/2031/07/20

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