Transparency in Section 275: Why Written Reasons Matter
When Scottish courts decide whether evidence can be introduced about a complainer’s prior behaviour under
Section 275 of the Criminal Procedure (Scotland) Act 1995, they are not required to issue written
reasons for those decisions.
This lack of transparency prevents both sides—and the public—from understanding why crucial defence evidence is
excluded. The result is inconsistency between courts and diminished public confidence in the fairness of sexual-offence
and domestic-abuse trials.
The Call for Reform
Accused.scot calls for a simple, fair change:
Every Section 275 decision should include short written reasons, available to both parties.
This reform protects both complainers and accused by ensuring decisions are transparent, reviewable, and
consistent across Scotland. It strengthens justice rather than weakening it.
Current Action
Freedom of Information (FOI) requests have been submitted to:
- The Crown Office & Procurator Fiscal Service (COPFS)
- The Scottish Courts and Tribunals Service (SCTS)
- Police Scotland
These requests seek data on how Section 275 applications are handled, how often they are opposed or refused,
and whether written reasons are issued. Updates and results will be published on this page as they arrive.
How You Can Help
You can support transparency in Scotland’s courts by writing to your MSP and asking them to back this modest reform.
Copy the email below and send it to your local or regional representative.
Subject: Support transparency in Scotland’s courts – Section 275 reform
Dear [MSP Name],
I’m writing as a constituent to ask for your support for a practical reform to Scotland’s sexual offence procedure.
Judges can currently exclude vital defence evidence under Section 275 of the Criminal Procedure (Scotland) Act 1995 without providing written reasons.
This lack of transparency undermines public confidence and makes it difficult to ensure decisions are fair and consistent.
I’m asking you to:
Raise this issue with the Cabinet Secretary for Justice and the Justice Committee.
Call for a review or new practice note requiring judges to publish short written reasons for every Section 275 ruling.
Support publication of anonymised statistics showing how often such applications are refused or granted.
This reform would strengthen confidence in the courts and protect both complainers and accused by ensuring decisions are transparent and reviewable.
Thank you for your time and for standing up for fairness and accountability in Scotland’s justice system.
Yours sincerely,
[Your Name]
[Your Postcode – MSPs use this to verify constituents]
Email Your MSP – Support Transparency in Scotland’s Courts
Change in Scotland’s justice system won’t come from press releases — it comes from people speaking up. Take two minutes to email your MSP today. It’s quick, respectful, and it tells Parliament that transparency in Section 275 decisions matters to every fair-minded Scot. Use the link below to find your MSP by postcode and send your message.
Find your MSP by postcode
Enter your postcode on TheyWorkForYou.comOnce you find your MSP, copy their email address into the template below and send your message of support.
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Let us know so we can track how many voices have spoken up for transparency.
Click here to tell us you’ve emailed your MSP