Version Superseded: 01/04/2019
Point in time view as at 28/03/2011.
Criminal Procedure (Scotland) Act 1995, Cross Heading: Expert evidence as to subsequent behaviour of complainer is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Textual Amendments
F1S. 275C and preceding cross-heading inserted (1.4.2005) by Vulnerable Witnesses (Scotland) Act 2004 (asp 3), ss. 5, 25; S.S.I. 2005/168, art. 2, Sch. (with savings in art. 4)
(1)This section applies in the case of proceedings in respect of any offence to which section 288C of this Act applies.
(2)Expert psychological or psychiatric evidence relating to any subsequent behaviour or statement of the complainer is admissible for the purpose of rebutting any inference adverse to the complainer’s credibility or reliability as a witness which might otherwise be drawn from the behaviour or statement.
(3)In subsection (2) above—
“complainer” means the person against whom the offence to which the proceedings relate is alleged to have been committed,
“subsequent behaviour or statement” means any behaviour or statement subsequent to, and not forming part of the acts constituting, the offence to which the proceedings relate and which is not otherwise relevant to any fact in issue at the trial.
(4)This section does not affect the admissibility of any evidence which is admissible otherwise than by virtue of this section.]
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