AN ANALYSIS OF THE USE OF PRIVATE INFORMATION IN SCOTTISH CRIMINAL TRIALS AND THE SCOTTISH RAPE SHIELD LEGISLATION

2020–present

Researchers: Eamon Keane, with Sharon Cowan (PI, University of Edinburgh) and Vanessa Munro (University of Warwick).

This Project is funded by an award from Justice Analytical Services (Scottish Government).

This research project aims to understand how and to what extent, certain types of private information such as telephony records, and evidence relating to sexual history, are used in Scottish criminal trials. The research analyses historical and live court proceedings and associated documentation and involves interviews with relevant stakeholders such as defence counsel, prosecutors, complainers in sexual offences cases, and the judiciary. The work aims to inform the debate of an increasingly contentious area of legal practice and reform, whilst producing results that allow all stakeholders better understand what is and is not occurring in such cases. Such work is well overdue given that the last large scale empirical study in this area was completed in 2007.