Three days of hearings were held at the Supreme Court between 21 and 23 October, challenging two convictions for sexual offenses on the basis that the trials breached Article 6 of the European Convention on Human Rights.

Normally, criminal convictions in Scotland cannot be appealed to the Supreme Court. However, the court can hear appeals on “compatibility issues”, where there is a complaint that the judicial process violated the defendant’s rights under the ECHR.

Laura Sharp, a member of the Law Society of Scotland’s Criminal Law Committee, said: “These appeals raise questions about the way evidence is excluded from sexual offense trials in Scotland and whether the system complies with the European Convention on Human Rights.

“We have intervened alongside our colleagues at the Faculty of Lawyers because of the important principles at stake for Scotland’s criminal justice system. It is essential not only that justice be done but that it be seen to be done.

“We support measures to improve the experience of complainants in cases of sexual crimes but, as we have said in our presentation, such measures cannot come at the price of systemic injustice for those who are accused.”

The college’s dean, Roddy Dunlop KC, addressed the court about the joint submission last week, saying: “I emphasize the independence of the profession – from the Crown, from the defense and from the judiciary. The interest of the profession is to ensure, to the extent possible, that the courts convict the guilty and acquit the innocent, treating the parties fairly.”