DS v Her Majesty’s Advocate: PC 22 May 2007

An amendment to the 1995 Act placed restrictions on the questioning of the complainer in trials of persons charged with sexual offences. The defendant appealed, saying that the restrictions were incompatible with the right to a fair trial under article 6 of the Convention.
Held: The challenge failed. Where a defendant in a rape trial sought to bring in the complainant’s sexual history, the presumption should be that the defendant’s own record of sexual offences should also be put before the jury.


Lord Hope of Craighead, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood


[2007] UKPC D1, Times 12-Jun-2007, 2007 SCCR 222, 24 BHRC 412, [2007] HRLR 28, 2007 SLT 1026, 007 SC (PC) 1




Sexual Offences (Procedure and Evidence) (Scotland) Act 2002, European Convention on Human Rights 6, Scotland Act 1998, nal Procedure (Scotland) Act 1995

Cited by:

CitedANS and Another v ML SC 11-Jul-2012
The mother opposed adoption proceedings, and argued that the provision in the 2007 Act, allowing a court to dispense with her consent, infringed her rights under Article 8 and was therefore made outwith the powers of the Scottish Parliament.
CitedImperial Tobacco Ltd v The Lord Advocate SC 12-Dec-2012
The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject . .
CitedSalvesen v Riddell and Another; The Lord Advocate intervening (Scotland) SC 24-Apr-2013
The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was prevented from recovering possession by section 72 of the 2003 Act. Though his claim had . .
Lists of cited by and citing cases may be incomplete.

Scotland, Crime, Human Rights, Constitutional

Updated: 11 July 2022; Ref: scu.252558