Talk to UsBain vows to ‘uphold’ complainer safeguards
Lord Advocate Dorothy Bain KC has vowed to “uphold” statutory safeguards for complainers in the wake of the Supreme Court judgment in Daly.
Ms Bain spoke of her understanding that victims may feel “increased uncertainty” following publicity of the recent decision on sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995.
The ruling, which took the Scots common law in sexual offence cases to task, clarifies the approach courts must take when considering applications to introduce evidence about a complainer’s sexual history or character in sexual offence cases because of the risk current practices pose to the Article 6 ECHR rights of the accused.
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