C.J.M. v. HER MAJESTY'S ADVOCATE

Background [1] This Opinion follows upon that of the court dated 1 June 2012 ( [2012] HCJAC 83 ) and relative interlocutor, remitting the appeal to a bench of five judges. Although the scope of the remit does not appear to have been defined, despite the precise terms of that interlocutor, in general terms it was taken to be the consideration and determination of the admissibility of evidence tending to show that an alleged victim of sexual assault had made a false allegation of sexual assault on another occasion.

Section 275 Application [4] In advance of the trial, the appellant made an application under section 275(1) of the Criminal Procedure (Scotland) Act 1995 seeking permission to adduce evidence, and to allow questioning, on a number of matters, including the following:

"(c) In September 2006 [CD] made an allegation that she and a female friend had been abducted by a male in a car and driven to a wooded area. There, forceful sexual demands were made of them which included performing sex on each other and on him. After a full police enquiry, there existed evidence that refuted the allegation. [CD] was interviewed and finally admitted fabricating the complaint. She was charged with wasting police time".

The details had been provided to the defence by the local procurator fiscal, in terms of a letter dated 18 October 2010.

"During the subsequent taped interview under caution ... [CD] readily admitted to having fabricated those aspects of her evidence relating to her allegation of abduction and the unsolicited nature of the sexual demands made by the male, although other aspects were found to be factual".