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Words: 2,500 | Submitted: Tue Apr 21 2009
... and character evidence is admissible in sexual offence trials is set in the Criminal Procedure (Scotland) Act 1995( herein thereafter the 1995 Act). Under section 274 of the 1995 Act it talks of restrictions of evidence relating to sexual offences. Section 274 ss1 gives three types of evidence which the court should not allow questioning to reveal about the defender; a) if they are not of good character - wither regarding sexual matters or not b) wither they are, or have been a prostitute or an associate of prostitutes; or c) if at any time they have engaged with any person in sexual behaviour not forming part of the subject matter of the charge. This law has been put in place, in order to prevent any information being exposed about the defender that may slant the view of the judge or jury, and lead to an unfair trial. Furthermore section 275 of the ...
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