The recovery and disclosure of sensitive records in Scottish sexual offence cases
2022–present
Researcher: Eamon Keane
This project is funded by an award from Rape Crisis Scotland.
The legal framework surrounding the recovery and disclosure of sensitive records (such as medical and counselling records) in Scottish sexual offences cases is an area of acute practical importance. The law seeks to protect against the disclosure of such material without good reason, and the national legal framework in Scotland has been impacted by considerations relevant to Article 8 of the European Convention on Human Rights. Practice in this area changed drastically following the landmark judicial ruling of WF v Scottish Ministers in 2016, which introduced a right to be heard and to make representations, for complainers, where their medical records were being sought. This project aims to understand the legal framework and current practice in this area, and will look to examine what lessons can be drawn more generally for the jurisdiction, from the way in which the aforementioned right to legal representation was created and implemented.