Fisher v HM Advocate: The Use of the Docket Procedure in Sexual Offence Trials.

The article focuses on the appellate decision in Fisher v HM Advocate, which clarifies the use of dockets in sexual offence trials under section 288BA of the Criminal Procedure (Scotland) Act 1995. The court held that conduct for which an accused has been previously acquitted may still be referred to in a docket to support charges in a later trial, emphasizing that this does not violate the presumption of innocence under Article 6 of the European Convention on Human Rights. The decision endorses an expansive interpretation of the docket procedure, allowing the Crown to introduce evidence of related conduct that cannot be separately charged, provided it meets corroboration requirements. This ruling reinforces the docket’s role as an evidential tool without challenging the finality of prior acquittals or convictions.