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About this case

Case name

PB v HM Advocate

Case reference

HCA/2025/106/XC

Type of appeal

Appeal against conviction

Date of hearing

Wednesday 19 November 2025

Time of hearing

10.30 until conclusion

Judges

• Lord Justice Clerk
• Lord Armstrong
• Lord Clark

Counsel for the Appellant (PB)

Ann Ogg

Case description

[1] The appellant was convicted in the High Court of Justiciary at Glasgow of various offences, including four charges of rape. During the course of the trial, the first complainer gave evidence which went beyond the line of questioning put by the Advocate Depute and which related to matters not on the indictment. In addition, when re-examining a corroborating witness, the Advocate Depute placed before her a police statement which had not been referred to in either examination-in-chief or in cross-examination.

[2] In contending that there has been a miscarriage of justice, the appellant advances two grounds of appeal. He maintains that the evidence given by the first complainer was highly prejudicial and was an attempt by her to smear his character, to which he was unable to respond. He also argues that the trial judge erred in allowing the police statement to be put to the corroborating witness on account of it being inadmissible in re-examination.

[3] The appeal will be heard in the High Court of Justiciary Appeal Court on Wednesday 19 November 2025.