Her Majesty's Advocate v. MA [2007] ScotHC HCJ_15 (04 December 2007)

Her Majesty's Advocate v. MA [2007] ScotHC HCJ_15 (04 December 2007)

Despite deficiencies in the application, the evidence of the prior relationship, specific sexual encounter, and subsequent affectionate conduct is relevant to the issues of guilt and credibility, meets the statutory requirements of section 275(1), and is admissible to allow both parties to present their full accounts and explanations, particularly in light of the police interviews and medical evidence.

Citation
[2007] ScotHC HCJ_15
Parties
Prosecutor: Her Majesty's Advocate; Accused: M. A.
Jurisdiction
Scotland
Judgment Date
04 December 2007
Procedural Posture
Criminal / Preliminary Hearing Application Under Section 275(1) Criminal Procedure (scotland) Act 1995
Outcome
Application granted (as amended)
Legal Topics
Sexual Offences, Admissibility of Evidence, Prior Sexual History, Section 274 and 275 Criminal Procedure (scotland) Act 1995
Criminal Law Sexual Offences Admissibility of Evidence Prior Sexual History Section 274 and 275 Criminal Procedure (scotland) Act 1995

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Parties

Her Majesty's Advocate

Prosecutor

M. A.

Accused

Procedural Posture

Criminal / Preliminary Hearing Application Under Section 275(1) Criminal Procedure (scotland) Act 1995

Legal Issues

  1. 1 Whether evidence of prior sexual relationship and conduct between accused and complainer is admissible under section 275(1) of the Criminal Procedure (Scotland) Act 1995 despite the prohibition in section 274.

Ratio Decidendi

Despite deficiencies in the application, the evidence of the prior relationship, specific sexual encounter, and subsequent affectionate conduct is relevant to the issues of guilt and credibility, meets the statutory requirements of section 275(1), and is admissible to allow both parties to present their full accounts and explanations, particularly in light of the police interviews and medical evidence.

Court Disposition

Application granted (as amended)

Orders

  • Evidence specified in paragraphs 1.a, 1.b, and 1.c of the application is admitted under section 275(1) Criminal Procedure (Scotland) Act 1995.
  • Full content of police interviews may be led in evidence.