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Scotland decisions
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The court held that forensic evidence of penetration, DNA on clothing or breasts, and other circumstantial proof can corroborate a complainer’s rape or sexual assault account.
Appeal by Stated Case against Conviction by MXG against Procurator Fiscal, Edinburgh (Sheriff Appeal Court Criminal) [2026] SACCRIM 3 (30 January 2026)
The Sheriff Appeal Court refused an appeal against an assault conviction, holding that a witness’s account of the complainer’s distressed statement could be treated as de recenti evidence.
Appeal under Section 107A of the Criminal Procedure (Scotland) Act 1995 by HMA against JSH (High Court of Justiciary) [2025] HCJAC 37 (06 August 2025)
The Appeal Court held that mutual corroboration could be available across several family abuse and sexual offence charges, and allowed the Crown appeal.
Appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995 by Dionne Christie against His Majesty's Advocate (High Court of Justiciary) [2024] HCJAC 52 (15 November 2024)
The Appeal Court of the High Court of Justiciary held that Dr Usher’s biomechanics-based expert evidence was inadmissible because it lacked a reliable factual foundation and risked usurping the jury’s role.
References by His Majesty's Advocate against PG and JM (High Court of Justiciary) [2024] HCJAC 43 (30 October 2024)
The court held that de recenti statements can corroborate both the crime and identification if they remain part of, or a continuation of, the res gestae.
Roche Diagnostics Ltd against Greater Glasgow Health Board and another (Court of Session) [2024] CSOH 95 (08 October 2024)
The Outer House refused leave to reclaim in a commercial action concerning waiver, without prejudice privilege, and unlawful means pleadings.
Roche Diagnostics LTD against Greater Glasgow Health Board and Abbott Laboratories LTD (Court of Session) [2024] CSOH 90 (20 September 2024)
The court held that disclosed papers summarising legal advice waived privilege over that advice, while 'without prejudice' objections do not bar document recovery in Scots law.
APPEALS BY WILLIAM JOHN QUARM AND OTHERS [2024] ScotHC HCJAC_15 (30 April 2024)
Scottish appeal court quashed six Horizon-related convictions, accepting that unreliable computer evidence and disclosure failures made the prosecutions unfair.
Appeal under section 74 by DM against HMA (High Court of Justiciary) [2024] HCJAC 49 (21 March 2024)
The Appeal Court held that 2005 dishonesty convictions were too remote and minor to be admissible to attack a complainer’s credibility in a rape trial.
REFERENCE BY HMA AGAINST CLB [2023] ScotHC HCJAC_40 (18 October 2023)
The court reaffirmed that, in sexual offence cases, observed distress in the complainer shortly after the alleged incident may corroborate the lack of consent but cannot, by itself, corroborate the occurrence of penetration. Similarly, de recenti statements made by the complainer are admissible to assess credibility but do not provide corroboration of the facts constituting the offence. The court declined to depart from the principles established in Smith v Lees, holding that corroboration of crucial facts, such as penetration, requires evidence beyond distress or de recenti statements.
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