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

Citation

Reid R (2024) Fisher v HM Advocate: The Use of the Docket Procedure in Sexual Offence Trials. Edinburgh Law Review, 28 (1), pp. 113-118. https://doi.org/10.3366/elr.2024.0878

Abstract
First paragraph: The appellate decision in Fisher v HM Advocate1 provides welcome clarity on the use of dockets in sexual offence trials. In rejecting the appeal, the court held that conduct of which an accused has previously been acquitted may nevertheless be referred to in a docket in a later trial. The decision develops the law in a consistent manner by advocating an expansive approach to what may be included in a docket. It will be argued that this offers greater certainty and respects the wording and rationale of the statutory provisions governing the docket procedure, without posing any threat to the presumption of innocence.

Journal
Edinburgh Law Review: Volume 28, Issue 1