First Minister’s Question Time – in the Scottish Parliament at on 13 November 2025.
Murdo Fraser
Conservative
Yesterday, the United Kingdom Supreme Court issued a judgment in the cases of David Daly and Andrew Keir, which, while upholding their convictions, raises serious issues about the conduct of trials involving sexual offences. Legal experts say that the judgment could trigger multiple appeals by those who are convicted of sexual offences.
The courts have a difficult task in balancing the need to protect complainants—usually women—from intrusive questioning about their behaviour, while also guaranteeing the accused a fair trial. How will the Scottish Government respond to the judgment?
John Swinney
Scottish National Party
The Supreme Court judgment gives detailed consideration to the complex issues that are involved in the admissibility of evidence in sexual offences trials. It is clear from the judgment that there is no requirement for a change in the provisions in the law that specifically regulates those matters, which are sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995.
The Supreme Court said that it is for all judges in sexual offences cases to reflect the ruling as they would any other Supreme Court ruling that was relevant to them in the handling of such cases. It is therefore a matter for the courts, which, as Mr Fraser will know, operate independently of the Government. I know that the judiciary will consider the issues that arise as a consequence of the Supreme Court judgment, but there is no requirement for us to change the law.
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