Section 274 Restrictions on evidence relating to sexual offences.F1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 274 applied by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 s. 95(9)(10)
s. 274(1) words substituted by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 s. 105(2)(a)
s. 274(1A) inserted by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 s. 105(2)(b)
s. 274(2) words substituted by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 s. 105(2)(c)

(1)

In the trial of a person charged with an offence to which section 288C of this Act applies, the court shall not admit, or allow questioning designed to elicit, evidence which shows or tends to show that the complainer—

(a)

is not of good character (whether in relation to sexual matters or otherwise);

(b)

has, at any time, engaged in sexual behaviour not forming part of the subject matter of the charge;

(c)

has, at any time (other than shortly before, at the same time as or shortly after the acts which form part of the subject matter of the charge), engaged in such behaviour, not being sexual behaviour, as might found the inference that the complainer—

(i)

is likely to have consented to those acts; or

(ii)

is not a credible or reliable witness; or

(d)

has, at any time, been subject to any such condition or predisposition as might found the inference referred to in sub-paragraph (c) above.

(2)

In subsection (1) above—

“complainer” means the person against whom the offence referred to in that subsection is alleged to have been committed; and
the reference to engaging in sexual behaviour includes a reference to undergoing or being made subject to any experience of a sexual nature.

Annotations

Textual amendments

F1: S. 274 substituted (1.11.2002) by Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9), s. 7; S.S.I. 2002/443, art. 3 (with art. 4(5))