Monday, November 17th, 2025
Keir and Daly v His Majesty’s Advocate [2025] UKSC 38
The UKSC has issued its decision in the conjoined appeals of Keir and Daly v His Majesty’s Advocate ([2025] UKSC 38). Claire Mitchell KC appeared for the Law Society of Scotland and Faculty of Advocates, while Richard Pugh KC and Dominic Scullion appeared for Rape Crisis Scotland. The Law Society, Faculty and Rape Crisis were all interveners in the appeals.
The Court considered the modern practice of the High Court of Justiciary in sexual offences trials of excluding, as inadmissible, evidence regarding a complainer’s sexual history. In particular, the Court was concerned with whether the current practice is compatible with the accused’s right to a fair trial under Article 6 of the European Convention of Human Rights.
The appeals were refused, as on their facts both accused had received fair trials. However, in a judgment that will be of considerable importance to Scottish practice, the UKSC held that the current approach of the High Court is liable to lead to unfairness and, as a result, will require modification.
It will be for the Scottish Courts, in light of the judgment, to reconsider their approach to sensitive evidence in criminal trials, but with trial judges likely to have an enhanced role in considering whether proposed evidence is relevant and proportionate on the facts of the particular case before them.
A full copy of the Court’s Judgment can be found here
