SCCRC Update: Section 274/275 (Daly & Keir) Cases

12 December 2025

This information sheet contains up-to-date information on the Scottish Criminal Case Review Commission’s approach to cases arising from the decision of the Supreme Court in Daly & Keir v HMA. It will be updated as new information becomes available.

 

The Issue

On 12 November 2025, the Supreme Court issued its decisions in the linked appeals in the cases of Daly & Keir v HMA. The Supreme Court held in these cases that the approach that the High Court of Justiciary had adopted to the common law of relevancy and the “rape shield” legislation (sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995) risked breaching the human rights of people accused of sexual offences. The decision suggests that the Scottish courts may have wrongly excluded evidence from this type of trial. This decision opens the door to the reconsideration of sexual offence convictions in the period from 2013 to 2025.

The Commission’s Role

The Commission exists to provide an exceptional remedy to people who consider after the conclusion of normal court process that they have suffered a miscarriage of justice. People who believe that the exclusion of evidence from their trial led to a miscarriage of justice may have a basis to apply to the Commission. The Commission expects the number of those potentially affected by this decision to be large.

The Commission’s Approach

The Commission is currently developing a strategy to allow it to manage an expected increase in applications. The Commission expects greater legal certainty to emerge in the coming months. In the meantime, there may be some delay processing applications of this nature.

Reviews that are already at the Commission’s stage 2 process will continue as normal.

Information for Potential Applicants

You may apply to the Commission with or without the help of a solicitor. Our application form and guidance documents are available online. We will provide paper application packs on request (0141 270 7030).

If you wish to apply now, do your best to explain the following in the application form:

  • What is the evidence that you think should have been led at your trial?
  • Did you or your solicitors have the evidence?
    • If not, how do you know it exists?
  • What effect would the evidence have had on the evidence at trial?
    • Would it have strengthened your case or weakened the Crown case? How?