Part 17Proceedings under Part 10: evidence

173Cases involving sexual behaviour: evidence

1

This section applies where—

a

an application is made to the sheriff—

i

to determine whether a section 67 ground is established, or

ii

to review a grounds determination, and

b

the ground involves sexual behaviour engaged in by any person.

2

In hearing the application the sheriff must not, unless the sheriff makes an order under section 175, admit evidence, or allow questioning of a witness designed to elicit evidence, which shows or tends to show one or more of the circumstances mentioned in subsection (3) in relation to a person mentioned in subsection (4).

3

The circumstances are that the person—

a

is not of good character (whether in relation to sexual matters or otherwise),

b

has, at any time, engaged in sexual behaviour not forming part of the subject-matter of the ground,

c

has, at any time (other than shortly before, at the same time as or shortly after the acts which form part of the subject-matter of the ground), engaged in behaviour (not being sexual behaviour) that might found an inference that the person is not credible or the person's evidence is not reliable,

d

has, at any time, been subject to any condition or predisposition that might found the inference that the person is not credible or the person's evidence is not reliable.

4

The persons are—

a

the child,

b

a person giving evidence for the purposes of the hearing,

c

any other person evidence of whose statements is given for the purposes of the hearing.

5

In subsection (4)(c), “statements” includes any representations, however made or expressed, of fact or opinion.

6

In this section and section 174, references to sexual behaviour engaged in include references to having undergone or been made subject to any experience of a sexual nature.