AB v HM ADVOCATE (SCOTLAND) (2017)

5 April 2017

[2017] UKSC 25

SC (Lord Kerr JSC, Lord Wilson JSC, Lord Reed JSC, Lord Hughes JSC, Lord Hodge JSC)

The Sexual Offences (Scotland) Act 2009 s.39(2)(a)(i), which prevented a person charged with a sexual offence against an older child from relying, in cases where he had “previously been charged by the police with a relevant sexual offence”, on the defence that he reasonably believed that the child had attained the age of 16, was incompatible with the ECHR art.8 rights of the appellant. It was also likely to give rise to breaches of art.8 in many other cases.

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