section 275

David Lorimer: A double-edged shield

Lord Glennie’s opinion in the recent ‘CH’ appeal ([2020] HCJAC 43) highlights a conflict of judicial thinking, and legal opinion in general, with respect to the Scottish rape shield. Could it be that the real issue is a fundamental lack of trust in the ability of a jury to reach a fair conclusion in such cases? In his customary manner, David Lorimer takes a carefully considered look at the issue.

Published 16 October 2020