Criminal Procedure (Scotland) Act 1995

[F1275CExpert evidence as to subsequent behaviour of complainer in certain casesS

(1)This section applies in the case of proceedings in respect of any—

[F2(a)] offence to which section 288C of this Act applies,

[F3(b)an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018,

(c)an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.]

(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.

[F4(3A)Where the offence is as referred to in subsection (1)(b) above, the reference in the last definition in subsection (3) above to any behaviour or statement subsequent to the offence includes any behaviour or statement subsequent to a particular part of the course of behaviour of which the offence consists.]

(4)This section does not affect the admissibility of any evidence which is admissible otherwise than by virtue of this section.]

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)

F2S. 275(1)(a): words in s. 275C(1) renumbered as s. 275C(1)(a) (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5), s. 15(2), sch. para. 7(2)(a)(i); S.S.I. 2018/387, reg. 2 (with reg. 7)