About this case

Case name

DD v HM Advocate

Case reference

HCA/2025/38/XC

Type of appeal

Appeal against conviction

Date of hearing

Thursday 13 November 2025

Time of hearing

10:30 to 13:00 then 14:00 until conclusion

Judges

• Lord Justice Clerk
• Lord Matthews
• Lord Armstrong

Counsel for the Appellant (DD)

Wendy Culross, Mairi-Clare McMillan

Case description

[1] The appellant was convicted in the High Court of Justiciary at Stirling of various offences including rape, assault and sexual assault of a young child. The appellant appealed to the UK Supreme Court on the basis of an alleged breach of Article 6 of the European Convention on Human Rights. During the course of the hearing the Solicitor General for Scotland conceded that documents captured by disclosure legislation had not been disclosed by the Crown to the defence. In these circumstances the appeal was remitted to the High Court to determine whether there was a real possibility that the jury would have returned a different verdict had the documents been disclosed in advance of the trial.

[2] The appeal hearing was adjourned on 24 July 2024. The hearing will continue in the High Court of Justiciary Appeal Court on 13 November 2025.