Reform Scotland’s Justice System: Protect Innocent People from Wrongful Conviction under Sections 274 & 275

Introduction

Innocent people should not face jail due to unfair laws. However, under the current legal framework in Scotland, Sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995 make it nearly impossible for people accused of rape or domestic violence to defend themselves adequately. These laws severely restrict what evidence the defence can present, limiting the accused’s ability to demonstrate innocence. This is not justice.

The Problem

Sections 274 and 275 were introduced to protect victims of sexual offences from invasive questioning about their personal lives. While this goal is important, the law as it stands has gone too far. Many innocent people are facing conviction because crucial evidence that could prove their innocence is not allowed in court. This includes evidence about the context of relationships, previous consensual interactions, and other factors that could influence a jury’s understanding of the case.

Even legal professionals agree that these laws are problematic. Solicitors across Scotland and England recognise that the restrictions prevent a fair trial. Yet, they are bound by these rules, leaving no room for justice to prevail in many cases.

Real-Life Consequences

Due to these laws, countless innocent people have been wrongly convicted or coerced into accepting plea deals for crimes they did not commit. Families are torn apart, and lives are ruined—all because the justice system doesn’t allow all relevant facts to be heard in court.

The Call to Action

We are calling on the Scottish Government and Members of the Scottish Parliament (MSPs) to urgently review and reform sections 274 and 275. These laws should allow for a fair and balanced trial, where both the rights of the accused and the complainant are respected. We believe in the importance of protecting victims of sexual crimes, but we also believe in the right to a fair trial for everyone.

By signing this petition, you are standing up for justice, fairness, and the principle that everyone is innocent until proven guilty. Let’s make sure that no more innocent lives are ruined by laws that do not allow for a complete and fair defence.

Help us bring attention to this miscarriage of justice and demand reform of the criminal justice system in Scotland. Sign this petition and share it widely.