What Is a Section 275 Application?
A Section 275 application is a formal legal procedure under the Criminal Procedure (Scotland) Act 1995. It allows a party in a sexual offence case — usually the defence — to apply to the court for permission to lead evidence about the complainer's sexual behaviour or sexual character.
By default, Sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995 prohibit such evidence. Section 274 creates a general prohibition on evidence relating to a complainer's sexual history or character in sexual offence cases. Section 275 then sets out the limited circumstances in which the court can grant an exception.
This is a highly technical area of Scottish criminal procedure. Getting it wrong — whether by failing to lodge a timely application or by failing to meet the strict legal test — can have serious consequences for a defence case.
When Is a Section 275 Application Needed?
A Section 275 application may be required where:
- The accused's defence relies on prior sexual conduct between the accused and the complainer
- Evidence of the complainer's sexual behaviour on another occasion is directly relevant to a disputed issue at trial (such as consent, or the source of injuries or DNA evidence)
- The defence wishes to challenge the complainer's credibility based on their sexual character in limited and specific circumstances
- The complainer's prior sexual conduct explains or contradicts physical or forensic evidence
The court will only grant a Section 275 application if the evidence sought to be admitted is:
- Specific — relating to a particular incident or behaviour, not general character
- Relevant — directly relevant to a matter in issue at the trial
- Not unduly prejudicial — the probative value must outweigh any risk of prejudice to the complainer
The Section 275 Application Process in Scotland
Timing
An application under Section 275 must be lodged well in advance of trial — typically at least 14 days before the trial diet. Failure to lodge in time can result in the application being refused entirely, even where the underlying evidence would otherwise be admissible.
The Application Itself
The application must:
- Specify the evidence sought to be admitted
- Set out the reasons why the evidence meets the legal test under Section 275(2)
- Identify the issue at trial to which it is said to be relevant
A poorly drafted application — even if the underlying evidence is genuinely relevant — is likely to be refused. Courts scrutinise these applications closely.
The Hearing
Once lodged, the court will fix a hearing at which both the defence and the Crown will make submissions. The complainer's interests are also represented in this process. The judge will then decide whether to grant the application, refuse it, or grant it in part.
Section 274 vs Section 275 — What Is the Difference?
Section 274 creates the default prohibition. It prevents evidence being led, or questions being asked, that tend to show that the complainer:
- Is not of good character in relation to sexual matters
- Has at any time engaged in sexual behaviour not forming part of the subject matter of the charge
- Has at any time engaged in such behaviour with a person other than the accused
- Has at any time been subject to any such condition or predisposition
Section 275 is the safety valve — the mechanism by which that default prohibition can be lifted, but only where specific conditions are met.
Understanding the distinction between Section 274 and Section 275 is essential to building an effective defence in any sexual offence case in Scotland.
Why Expert Legal Advice Is Critical
Section 275 applications sit at the intersection of evidence law, human rights law, and criminal procedure. The legal test is exacting. Judges apply it strictly. And the stakes — for an accused facing conviction of a sexual offence — could not be higher.
At Beltrami & Company, our team has extensive experience in handling Section 275 applications across the full range of sexual offence cases, from summary proceedings to the most serious High Court trials. We know what the courts are looking for and how to present an application that gives it the best possible chance of success.
We also understand what to do when a Section 275 application is refused — whether that means seeking leave to appeal, adjusting the trial strategy, or challenging the ruling on other grounds.
If you are facing a sexual offence charge in Scotland and believe that a Section 275 application may be relevant to your defence, speak to our team as early as possible. The earlier we are instructed, the better placed we are to advise on the prospects and to lodge any application in time.
Many clients who need a Section 275 application have also been falsely accused of a sexual offence. If you believe the allegation against you is malicious or unfounded, our team can advise on both the Section 275 application and the wider defence strategy.
Frequently Asked Questions
Can the Crown also make a Section 275 application?
No. The Section 275 procedure is principally a defence mechanism. The prohibition in Section 274 is designed to protect complainers from having their sexual history used against them at trial. The Crown cannot use Section 275 to lead evidence of a complainer's sexual history — that evidence is generally inadmissible in any event.
What happens if a Section 275 application is refused?
If the application is refused, the evidence cannot be led at trial. In some cases, refusal of a Section 275 application can be challenged on appeal — for example, where the refusal is incompatible with the accused's rights under Article 6 of the European Convention on Human Rights (the right to a fair trial). This is a complex and developing area of law, and specialist advice is essential.
Does a Section 275 application identify the complainer?
Section 275 applications are heard in private to protect the anonymity of the complainer. Details of the application are not generally made public.
How far in advance should I instruct a lawyer?
As early as possible. Section 275 applications require careful preparation, and they must be lodged within strict timescales. If you are charged with a sexual offence in Scotland and think that a Section 275 application may be relevant, contact us immediately.
Does Beltrami & Company handle Section 275 applications across Scotland?
Yes. Our team handles sexual offence cases — including Section 275 applications — in courts throughout Scotland, including Glasgow, Edinburgh, Aberdeen, Dundee, Inverness and beyond.
Contact Beltrami & Company
If you are facing a sexual offence charge and need advice on a Section 275 application, contact Beltrami & Company immediately. Our team is available 24 hours a day, 365 days a year.
Call: 0141 890 5555
Or contact us online to arrange a consultation.
Our specialist sexual offences defence lawyers are among the most experienced in Scotland. Trust Beltrami & Company to give you the expert representation you need.
