Daly (Appellant) v His Majesty's Advocate (Respondent) (Scotland)
Case ID: UKSC 2023/0107
Case summary
Issues
- Does the default exclusion, by operation of law, of false-allegation evidence breach Article 6, European Convention on Human Rights ('ECHR')?
- Does the non-justiciability of a prosecutor's discretion when charging offences breach Article 6, ECHR?
- Does such non-justiciability violate Article 14, ECHR, if a prosecutor's decisions are reviewable in England and Wales but not Scotland?
Facts
On 13 December 2022, the Appellant was convicted at the High Court at Stirling of offences, including assault and rape against JYL and CD. The rape offences against JYL occurred between June 2008 and September 2010, when she was five to seven years old.
In April 2020, JYL further alleged that the Appellant had raped her when she was 13, causing her to become pregnant and give birth. Independent assessments of JYL found little evidence to support this allegation.
The Appellant sought to appeal his convictions to the High Court of Justiciary, on the grounds that:
- His trial was oppressive and/or in breach of Article 6, ECHR, because the JYL allegation of April 2020 had been excluded from evidence under Section 274, Criminal Procedure (Scotland) Act 1995 ('CPSA 1995').
- His counsel had incompetently represented him, given counsel's failure to apply to admit the April 2020 allegation under Section 275, CPSA 1995.
In April and May 2023, the High Court of Justiciary rejected his appeal at the first- and second-sift stages. The Appellant, in seeking permission to appeal to the Supreme Court, then raised new grounds of appeal (under Articles 6 and 14, ECHR). On 25 May 2023, the High Court of Justiciary refused permission to appeal to the Supreme Court.
The Appellant now appeals to the Supreme Court.
Parties
Appellant(s)
DD
Respondent(s)
His Majesty's Advocate
(1) Council of the Law Society of Scotland (2) The Faculty of Advocates
Rape Crisis Scotland
Appeal
Justices
Lord Reed, Lord Hodge, Lord Hamblen, Lady Rose, Lady Simler
Hearing start date
21 October 2024
Hearing finish date
23 October 2024
| Watch hearing | ||
|---|---|---|
| 21 October 2024 | Morning session | Afternoon session |
| 22 October 2024 | Morning session | Afternoon session |
| 23 October 2024 | Morning session | Afternoon session |
A decision to be given with written judgment to follow at a later date on 19 November 2024 at 13:45 in Court 2.
| Watch decision summary | |
|---|---|
| 19 November 2024 | Decision summary |