14 April 2017
AB v Her Majesty’s Advocate (Scotland) [2017] UKSC 25, [2017] All ER (D) 14 (Apr)
The Supreme Court held that s 39(2)(a)(i) of the Sexual Offences (Scotland) Act 2009, which made the defence of reasonable belief not available for those who had previously been charged by the police with a relevant sexual offence, was incompatible with Convention rights in its application to the defendant because it interfered disproportionately with his right under Art 8 of the European Convention on Human Rights. Accordingly, the defendant’s appeal would be allowed and the proceedings would be remitted to the High Court of Justiciary.
