The clinic was instructed by Rape Crisis Scotland who appeared as a third party intervener in a case involving a challenge to the convention compatibility of the application of Scotland’s rape shield legislation. The Emma Ritch Law Clinic is the only law clinic in Scotland whose work is conducted via a Legal Practice Unit, allowing it to provide legal advice and representation by a practising solicitor.

An intervener acts as a third party to assist the court in its decision making. In this case, Rape Crisis Scotland’s intervention provided the court with background on the experience of complainers in sexual violence cases in Scotland. The intervention offered observations on arguments that had been made about the relevance of bad character and sexual history evidence, as well as the importance of Article 8 privacy rights in the context of the right to a fair trial.

Two diploma students, Jennifer Wylie and Caroline Erentz, worked on the case under the supervision of the clinic co-directors, Eamon Keane (principal solicitor) and Professor Jacqueline Kinghan. They conducted legal research, attended meetings with the client and counsel, provided case summaries and supported the legal team during the UKSC hearing.

Ms Erentz said: “We’re also so grateful for the opportunity to get to advocate on behalf of victim-survivors in sexual violence cases. We want to make sure their voices are heard and it’s an issue we feel incredibly passionate about.”

Ms Wylie stressed how valuable it was participating in a hearing at the Supreme Court level. She said: “It’s so fascinating to see first-hand the strategies adopted in a case and the different styles of advocacy.”

Mr Keane and Professor Kinghan commented: “This was a fantastic experience for Glasgow law students who through involvement in the Emma Ritch Law Clinic gain an insight into the workings of the criminal justice system and hands on experience of the reality of legal practice.

“The clinic forms just one part of the ever-growing offering of clinical legal opportunities and placements at the GO Justice Centre at the School of Law. Glasgow law students can now participate in a range of projects relating to unmet legal need and social justice.  The Emma Ritch Law Clinic is extremely grateful to Richard Pugh KC, Dominic Scullion and Caragh Nimmo, who all acted pro bono in the case and provided excellent expert assistance throughout.”