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The Herald Scotland
23-07-2025
- The Herald Scotland
Scotland's rape laws risk breaching ECHR say top lawyers
Earlier this month top criminal defence advocate Thomas Leonard Ross KC raised his concerns that some men accused of rape and sexual assault were not getting a fair trial because of how courts were understanding rules relating to the admissibility of evidence. He told The Herald that victims had told lies about matters relating to the case yet the defence had been stopped from putting that situation to the jury. READ MORE: "How can it be said that someone has had a fair trial when it's been proved that the complainer lied about something important in the course of the inquiry and that was not allowed to be introduced as evidence?" he told The Herald. "There are serious concerns that people are not getting a fair trial when they are not being given the opportunity to provide evidence which might support their innocence". The situation revolves around what evidence is allowed to be heard in open court before a jury. Sometimes known as "rape shield" laws, specific provisions to regulate the use of sexual history evidence were first introduced in Scotland by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985. Criminal defence advocate Thomas Leonard Ross KC (Image: Ryan McNamara) These provisions were later repeated in sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995. In response to concerns about their operation, the provisions in the 1995 Act were replaced by new sections 274 and 275 in 2002. They are designed to protect complainers giving evidence from irrelevant, intrusive and often distressing questioning. Sections 274 and 275 of the 1995 Act were intended to protect complainers in sexual offence trials from inappropriate questioning about their sexual history and wider character and lifestyle when giving evidence in court. In particular, they were designed to discourage the use of evidence seen as of limited relevance, where the primary purpose of the evidence is to undermine the credibility of the complainer or divert attention from the issues that require to be determined at trial. Now it has emerged that the Faculty of Advocates and the Law Society of Scotland have also raised concerns, arguing the way rules allowing only evidence that is only "relevant" to the charge to be heard have been too narrowly interpreted in two recent cases undermining the accused rights to a fair trial and hence breaching Article 6 of the European Convention of Human Rights. Roddy Dunlop KC and Claire Mitchell KC were responsible for the Faculty's input and David Welsh and Stuart Munro for the the Law Society of Scotland's. Dean of the Faculty of Advocates Roddy Dunlop KC (Image: Contributed) The parties are referred to as "interveners" and the arguments were made in a submission to the Supreme Court in connection with the cases of Andrew Keir and David Daly, convicted of rape in October and December 2022 respectively. Both lost appeals against their convictions in Scotland and have taken their fight to the Supreme Court. Their cases were heard in the Supreme Court last year, and the court is still awaiting judgment in both cases. In its submission to the Supreme Court, the Faculty of Advocates and the Law Society of Scotland urged the court to find that the "the balance has become so skewed as to involve a real risk of breach of Article 6" in both Keir's and Daly's cases. It argued that by preventing certain evidence which would favour the defence being heard, the court had undermined the accused ability to test the prosecution's case and allow the jury to understand the full context of the events at the centre of the trial. It stated that the "interveners accept and support the basic proposition that a version of the statutory scheme in sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995 is appropriate and necessary." It added: "It is vital that complainers are able to give evidence free from intrusive or inappropriate questions which are not relevant to the issues relevant to the jury's consideration, and are not put off from reporting crimes because of a fear that they will be subject to humiliation before a jury." However they went on to question that the issue of what was regarded as "relevant" evidence was being understood too restrictively. "The approach of the courts has been to infringe on an area into which Parliament has chosen to legislate," the submission said. "The overall effect of the foregoing creates a risk of the accused being denied a proper opportunity to present his defence at trial, with the consequence that the procedure is so unfair as to be incompatible with Article 6 ECHR." It added: "The overarching conclusion that the interveners invite this court to reach in these appeals is that the interpretation by the Scottish courts of the statutory definition of rape – and therefore the scope of relevant evidence for a rape trial – has gone so wrong that it has upset the balance of fairness between a complainer and an accused. "The interveners respectfully invite this court to determine that the balance has become so skewed as to involve a real risk of breach of Article 6." It concluded: "The interveners, for the reasons set out above, submit that the overly-restrictive interpretation of relevancy for the purposes of sexual offences has resulted in an undermining of the statutory scheme. The effect of that undermining is, in effect, to remove from an accused the ability properly to (i) test the case made against him, and (ii) place before the jury the full context in which the actions took place. "The overall effect, therefore, is to create a situation in which the procedure is potentially (and dependent on the precise facts of the case) unfair as to amount to a breach of the accused's Article 6 right to a fair trial. The State is under an obligation not only to protect the complainer (which is an important factor), but is also under an obligation to make sure those protections do not undermine the fairness of the proceedings in relation to the accused. The balance at the moment has not been struck fairly for the accused who is put at a distinct disadvantage in a trial when accused of a sexual offence." Reflecting on the submission Stuart Munro, convener of the Law Society's Criminal Law Committee told The Herald last night: "It is widely accepted that cases involving allegations of sexual violence require special rules to limit the admissibility of evidence about a complainer's character or sexual history. "It is vital that complainers are able to give evidence free from intrusive or inappropriate questions which are not relevant to the issues before the jury, and are not deterred from reporting crimes because of a fear that will happen. "However, a very careful balance has to be struck to ensure that those accused of crime are able to advance their defence and have a fair trial. We are concerned that some recent decisions of the Scottish courts may have resulted in accused people not being able to fully test the case against them and created a situation where juries may be unaware of the full context in which events are said to have taken place. The Law Society and the Faculty of Advocates recently intervened to highlight these concerns in a Supreme Court appeal, and we are now awaiting the court's decision." A spokeswoman for the Scottish Courts and Tribunals Service said it would be inappropriate for the Judicial Office to comment on any ongoing proceedings.
The Herald Scotland
05-07-2025
- Politics
- The Herald Scotland
Leading KC raises concerns over accused rights in rape trials
However, Mr Ross believes that he should draw attention to the situation for fear of the impact of silence upon the delivery of justice. "We have reached the stage where the victim has lied about things and the court has not allowed the defence to put that before the jury. "How can it be said that someone has had a fair trial when it's been proved that the complainer lied about something important in the course of the inquiry and that was not allowed to be introduced as evidence?" he told The Herald. "There are serious concerns that people are not getting a fair trial when they are not being given the opportunity to provide evidence which might support their innocence". He added: "The lawyers who are taking on these rape and sexual assault cases tend to be less experienced, more junior members of the bar. It's difficult for them to come out and make a claim of this type. "They have their whole career in front of them. At some point they might want to go for a role as a sheriff or a judge, and they will understandably be concerned that if they speak out or are seen to be publicly critical of the criminal justice system that will damage their chances. "But many many lawyers are raising the matter with me. When you hear a lawyer complaining in court about some decision that has gone against them, 90% of the time it's this issue. It is a massive concern." READ MORE: The situation revolves around what evidence is allowed to be heard in open court before a jury. Sometimes known as "rape shield" laws, specific provisions to regulate the use of sexual history evidence were first introduced in Scotland by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985. These provisions were later repeated in sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995. In response to concerns about their operation, the provisions in the 1995 Act were replaced by new sections 274 and 275 in 2002. The High Court in Glasgow (Image: PA) The provisions are designed to protect complainers giving evidence from irrelevant, intrusive and often distressing questioning. Sections 274 and 275 of the 1995 Act were intended to protect complainers in sexual offence trials from inappropriate questioning about their sexual history and wider character and lifestyle when giving evidence in court. In particular, they were designed to discourage the use of evidence seen as of limited relevance, where the primary purpose of the evidence is to undermine the credibility of the complainer or divert attention from the issues that require to be determined at trial. There are strict rules over what evidence can be heard in rape trials (Image: Getty Images/iStockphoto) However, Mr Ross said the manner in which the rules have been interpreted by the court has been problematic with debate centring on what evidence is judged to be relevant or not. An application to lead evidence of the type struck at by Section 274 must be made at a preliminary hearing – almost always before full preparation for the trial had has been completed - putting the defence at a huge disadvantage. "In the 1985 act the thinking was - why should you be allowed to ask the woman about sex with another man or sex with the accused on a different occasion but in 2002 the scope was extended to include non sexual behaviour," he said. He continued: "At the preliminary hearing you might not have all the case papers, won't know for sure what the complainer is likely to say in evidence, as it might be a year before the trial. "The need for an application within a strict time limit made it very difficult for defence lawyers." He said further restrictions to rules over the admissibility of evidence had since been made in case law. "In short it became extremely difficult to know what you were allowed to ask," said Mr Ross. "Every day you were hearing examples of people saying they thought a piece of evidence was relevant but the judge has ruled that it would not be allowed. "Defendants would be going around with messages, photographs, things they thought would prove them to be innocent and the judges would not allow them to tell the jury about those pieces of exculpatory evidence." Mr Ross went on to say a number of Scottish rape cases relating to the admissibility of evidence were currently before the Supreme Court having had appeals against conviction dismissed. A number of Scottish cases are before the Supreme Court for consideration. (Image: Dan Kitwood) In one of the cases the victim alleged that the accused had raped her when she was 13, claiming she became pregnant and given birth to a child. However, there was no evidence that she had become pregnant or given birth - a matter that the accused wanted to present to the jury. His lawyer had taken the view that it was extremely unlikely that the trial court would allow such evidence to be presented – and the Scottish appeal court agreed with that assessment and refused his appeal. Mr Ross said a second case at the Supreme Court revolved around a man convicted of rape following a work night out. The man was with the woman, whom he supervised, in a pub where both were drinking. "There was apparently CCTV evidence showing the complainer beckoning the accused into a disabled toilet where they had sex," said Mr Ross. "They both later left the bar, got a taxi to his house and woke up next morning in bed together." The woman alleged she was raped. "He was interviewed by police and explained that events at the pub exactly as they had been captured by the CCTV. "He was then charged with rape in the disabled pub toilet and rape in the house." "But the prosecutor became aware that the judge may allow CCTV evidence from the pub, so dropped the pub charge, with the result that the defence was not allowed to lead evidence about what had happened in the pub. His account of what happened in the pub was entirely supported by the CCTV evidence. "It supported his credibility but he wasn't allowed to put the CCTV evidence before the jury as the court ruled that it wasn't relevant to the charges at his house." Mr Ross went on to say that he didn't "accept there is a low conviction rate for rape or sexual assault" as there is a lack of relevant data. He addition he suggested that it was misleading to compare conviction in rape cases rapes to those in other types of crime such as murder. "In a murder case there might be 15 sources of evidence, from eyewitnesses, DNA, finger prints in murder cases, while in a rape case just there is very often only one source of evidence - namely the person making the complaint. "So it's entirely unsurprising that there are lower conviction rates for rape than murder." A spokesperson for Rape Crisis Scotland said: 'We wish Thomas Ross KC would express equal concern about ensuring justice for survivors of sexual violence. 'The conviction for rape cases involving a single complainer is only 24%. The overall conviction rate for all crime is 86%. Too many women are being completely let down by the Scottish criminal justice system. "We continue to hear from women about how distressing their treatment is at the hands of some defence lawyers.' Mr Ross responded: "I've met many women who feel completely let by the Scottish criminal justice system. I've met many men who feel completely let down by the criminal justice system too - including men who believe that the court's interpretation of section 275 deprived them of a fair trial. "With so many people feeling completely let down by the system - maybe its time to have another look at the way it operates." A spokeswoman for the Scottish Courts and Tribunals Service said it would be inappropriate for the Judicial Office to comment on Mr Ross's personal views. A Scottish Government spokesperson said: 'Everyone has the right to a fair trial and to appeal against a conviction or sentence. There are well-established rules on what evidence can be led in sexual offences trials, and clear routes to challenge how these are applied.'
Economic Times
05-07-2025
- Business
- Economic Times
Centre notifies rules on portal, database, audit of Waqf properties
The Centre has notified the Unified Waqf Management Rules, 2025, effective from April 8, 2025, to streamline Waqf property management. These rules establish a portal and database for registration, maintenance of accounts, and audit of Waqf properties. State governments will appoint nodal officers to assist in uploading details and related activities, ensuring real-time monitoring and transparency. Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads The Centre has notified the Unified Waqf Management, Empowerment, Efficiency and Development Rules, 2025 that deal with issues such as the portal and database of Waqf properties, the manner of their registration, conduct of audit and maintenance of rules were notified on Thursday in exercise of powers under Section 108B of the 1995 Act, which was inserted through the Waqf (Amendment) Act 2025, which came into effect from April 8, to the rules, a portal and database is set up for the purposes of filing of details of Waqf, uploading the list of auqaf, registration of new Waqf, maintenance of register of auqaf and maintenance and submission of accounts of mutawalli of a Waqf, publication of audit report and proceedings and order board under Section 48 of the joint secretary to the Government of India in the Ministry of Minority Affairs in-charge of the Waqf division shall be responsible for the supervision and control of the portal and database, the rules notified portal and database shall contain the details and fields referred to in the Act, monitoring and management of Waqf properties and related data, court cases, resolution of disputes and such other details and fields as are necessary for the filing of details of the Waqf and the property dedicated to it on the portal and state government shall appoint an officer not below the rank of a joint secretary to that government as the nodal officer and shall establish a centralised support unit, in consultation with the central government for providing assistance in streamlining uploading of details of Waqf and properties thereof, registration, maintenance of accounts, audit and other related activities of the Waqf and the board, the rules portal and database shall include features for real-time monitoring of registration of new Waqf and filing details of the Waqf and properties dedicated to the Waqf, institutional governance, court cases and dispute resolution, financial oversight and resource management, and for surveys and development thereof, the rules mutawalli shall enrol on the portal and database by using his mobile number and e-mail address through authentication by one-time password (OTP) received from the portal and database and thereafter be able to access the portal and database and file details of his Waqf and property dedicated to the enrolment, the mutawalli shall be able to login the portal and database by using his mobile number and e-mail ID with OTP for future use of the portal and database in respect of his Waqf.A mutawalli is the manager or administrator of a Waqf property, which is an Islamic charitable user of the portal and database, including board, collector, designated officer under Section 3C of the Act, and other officers of the central government and state government dealing with Waqf shall also have access to the portal and database under this Waqf Council shall have access to the information uploaded on the portal and per the rules, after completion of survey, the state government shall publish the list of auqaf which shall contain the identification, boundaries of Waqf properties; their use and occupier; details of the creator, mode and date of such creation; purpose of Waqf; and their present mutawalli and state government shall ensure the notified list of auqaf and the details of each Waqf are uploaded on the portal and database within a period of 90 days from the date of publication of the list in the official gazette by an officer authorised by the state the notified list of auqaf and details of each Waqf could not be uploaded on the portal and database within the period specified under sub-rule (2), the state government shall upload the same within a further period of 90 days along with the reasons for the delay, the rules stated. A waqf created after the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025) shall make an application to the board for its registration under Section 36 of the Act within three months of its creation, they application for registration of Waqf shall be made on the portal and database in Form 4, the rules said. The board shall maintain a register of auqaf under Section 37 of the Act in electronic mode on the portal and database in Form 5, they receipt of the audit report under sub-section (2) of Section 47 of the Act, the board shall publish the audit report on the portal and database, according to the rules.
The Hindu
05-07-2025
- Business
- The Hindu
Centre notifies rules on portal, database, audit of Waqf properties
The Centre has notified the Unified Waqf Management, Empowerment, Efficiency and Development Rules, 2025 that deal with issues such as the portal and database of Waqf properties, the manner of their registration, conduct of audit and maintenance of accounts. The rules were notified on Thursday (July 3, 2025) in exercise of powers under Section 108B of the 1995 Act, which was inserted through the Waqf (Amendment) Act 2025, which came into effect from April 8, 2025. According to the rules, a portal and database is set up for the purposes of filing of details of Waqf, uploading the list of auqaf, registration of new Waqf, maintenance of register of auqaf and maintenance and submission of accounts of mutawalli of a Waqf, publication of audit report and proceedings and order board under Section 48 of the Act. The joint secretary to the Government of India in the Ministry of Minority Affairs in-charge of the Waqf division shall be responsible for the supervision and control of the portal and database, the rules notified said. The portal and database shall contain the details and fields referred to in the Act, monitoring and management of Waqf properties and related data, court cases, resolution of disputes and such other details and fields as are necessary for the filing of details of the Waqf and the property dedicated to it on the portal and database. Every state government shall appoint an officer not below the rank of a joint secretary to that government as the nodal officer and shall establish a centralised support unit, in consultation with the central government for providing assistance in streamlining uploading of details of Waqf and properties thereof, registration, maintenance of accounts, audit and other related activities of the Waqf and the board, the rules stated. The portal and database shall include features for real-time monitoring of registration of new Waqf and filing details of the Waqf and properties dedicated to the Waqf, institutional governance, court cases and dispute resolution, financial oversight and resource management, and for surveys and development thereof, the rules stated. Every mutawalli shall enrol on the portal and database by using his mobile number and e-mail address through authentication by one-time password (OTP) received from the portal and database and thereafter be able to access the portal and database and file details of his Waqf and property dedicated to the Waqf. After enrolment, the mutawalli shall be able to login the portal and database by using his mobile number and e-mail ID with OTP for future use of the portal and database in respect of his Waqf. A mutawalli is the manager or administrator of a Waqf property, which is an Islamic charitable endowment. Every user of the portal and database, including board, collector, designated officer under Section 3C of the Act, and other officers of the central government and state government dealing with Waqf shall also have access to the portal and database under this rule. Central Waqf Council shall have access to the information uploaded on the portal and database. As per the rules, after completion of survey, the state government shall publish the list of auqaf which shall contain the identification, boundaries of Waqf properties; their use and occupier; details of the creator, mode and date of such creation; purpose of Waqf; and their present mutawalli and management. The state government shall ensure the notified list of auqaf and the details of each Waqf are uploaded on the portal and database within a period of 90 days from the date of publication of the list in the official gazette by an officer authorised by the state government. If the notified list of auqaf and details of each Waqf could not be uploaded on the portal and database within the period specified under sub-rule (2), the state government shall upload the same within a further period of 90 days along with the reasons for the delay, the rules stated. A waqf created after the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025) shall make an application to the board for its registration under Section 36 of the Act within three months of its creation, they said. The application for registration of Waqf shall be made on the portal and database in Form 4, the rules said. The board shall maintain a register of auqaf under Section 37 of the Act in electronic mode on the portal and database in Form 5, they said. On receipt of the audit report under sub-section (2) of Section 47 of the Act, the board shall publish the audit report on the portal and database, according to the rules.
Hindustan Times
22-06-2025
- Politics
- Hindustan Times
Punjab cabinet meeting: Chief secy replaces CM as chairman of devp authorities
Chandigarh: The Punjab cabinet on Saturday decided to appoint the chief secretary as the chairman of all local development boards in the state, effectively transferring this responsibility from the chief minister, who traditionally held this role. The Punjab cabinet on Saturday decided to appoint the chief secretary as the chairman of all local development boards in the state, effectively transferring this responsibility from the chief minister, who traditionally held this role. The cabinet, which met under the chairmanship of chief minister Bhagwant Mann, amended Section 29(3) of the Punjab Regional and Town Planning and Development (PRTPD) Act. The amendment empowers the chief secretary to lead the state's development authorities, a move modelled after urban planning bodies such as Ahmedabad Urban Development Authority (AUDA), NOIDA, Meerut, Kanpur, and Lucknow. This decision follows the cabinet's approval two weeks ago for the acquisition or 'land-pooling' of 24,311 acres in Ludhiana and 6,285 acres around Mohali to facilitate new urban estates. The reallocation of power marks a significant departure from Punjab's norm, where political figures — including chief ministers and ministers — have traditionally chaired key development bodies such as GMADA (Greater Mohali Area Development Authority), GLADA (Greater Ludhiana Development Authority), and PUDA (Punjab Urban Development Authority). Finance minister Harpal Singh Cheema explained that the move was aimed at improving the functioning of the development authorities. 'The chief minister is the chairman of the authority, but due to his busy schedule, the work sometimes gets delayed. This change will help streamline proceedings and ensure timely decision-making,' Cheema said during a media briefing. Additionally, the cabinet has decided to include the departments of revenue, industry, water supply and sanitation, and others in the decision-making process of the development authorities, a step intended to enhance interdepartmental coordination. The Shiromani Akali Dal (SAD) has strongly criticised the move. SAD spokesman Daljit Singh Cheema took to X (formerly Twitter), calling the decision 'illegal, unconstitutional, and arbitrary.' He pointed out that according to the 1995 Act, the chief minister and housing minister are ex-officio chairman and vice-chairman of the boards, respectively. He questioned the legality of replacing the CM with the chief secretary, suggesting that this undermines the authority of Cabinet ministers. 'Why is the office of CM being downgraded? Who is pressuring the Cabinet to act against constitutional norms?' Cheema wrote. Nod to fill 500 posts in jail dept In order to enhance the security in jails, the cabinet gave approval for filling 500 posts of various cadres in the jail staff. This recruitment will include 29 assistant superintendents, 451 warders and 20 matrons, which will be done by Punjab Subordinate Services Selection Board, thereby helping to beef up the security in the jails, said an official spokesperson. Policy for industrial plot sub-division approved The cabinet also approved a comprehensive policy for the fragmentation and sub-division of industrial plots in PSIEC-managed industrial estates to enhance land use efficiency, the spokesperson said. This policy caters to the demands of industrialists and plot owners as well as of prominent industry associations, including the Confederation of Indian Industry (CII), Mohali Chamber of Industry & IT, and Mohali Industrial Association. It addresses the need for smaller industrial plots, particularly for the IT and service sectors, to promote efficient land use, attract investments and establish a structured, transparent mechanism for plot fragmentation and sub-division, said the spokesperson. The policy facilitates the optimisation of land usage, boosts operational efficiency, and supports project expansion by addressing long-standing demands from industrial stakeholders. It applies to freehold plots of 1,000 square yards or larger, with subdivided plots maintaining a minimum size of 400 square yards. A fee of 5% of the current reserve price of the original plot will be charged, reduced to 50% for family members or legal heirs of a deceased allottee, the spokesperson added. This policy includes a standard operating procedure (SOP) to streamline its implementation. The cabinet gave ex-post facto approval for the constitution of the high-powered cabinet sub-committee to intensify the 'war on drugs' programme of the state. This move will further help in day-to-day scrutiny of the ongoing war against drugs thereby making Punjab free from the menace of drugs and wean away the youth of state from this scourge, according to the spokesperson. Nod to frame Punjab fire and emergency services rules The cabinet gave nod for framing of Punjab Fire and Emergency Services (Validity of Fire Safety Certificate) Rules, 2025. This will enable the state government to prescribe the period of fire safety certificate in the case of buildings or premises, including those of specified risk categories through a notification, the spokesperson said. Factory rules amended The cabinet gave approval to amend Rule 2A, Rule 3A, Rule 4 and Rule 102 of Punjab Factory Rules, 1952, for facilitating ease of doing business. This will enable self-certification plans of the factories by any civil/ structural/ mechanical engineer with 5 years of experience or masters degree with two years experience subject to verification by the department. Structural stability certificate by any civil/structural engineer with five years of experience or masters degree with two years experience will also be allowed subject to verification by the department. Likewise, women workers will be allowed to work in the manufacturing of pottery and ceramics, and the process of extracting vegetable oil which is banned presently, according to the spokesperson. Consent to amend Punjab Labour Welfare Fund Act The cabinet also gave consent to amend the Punjab Labour Welfare Fund Act 1965. Several provisions of the Act are no longer in line with present-day needs. So, various provisions of the Act have been amended to secure the interests of the Labour by making the Fund more realistic and progressive, according to the spokesperson.
