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The main issue in this case was whether a lie about fertility can vitiate consent to sex. According to section 74 of the Sexual Offences Act 2003, “a person consents if he agrees by choice, and has the freedom and capacity to make that choice”.
The appeal concerned whether the use of evidence obtained by a so-called ‘paedophile hunter’ group in criminal proceedings is compatible with the defendant’s rights under article 8 of the European Convention on Human Rights (‘ECHR’).
On 16 July 2020, the Court of Appeal handed down its judgment in the latest installment of Shamima Begum’s case. Ms Begum, who is now 20, fled to Syria to join ISIS (Daesh) age 15.
The two appellants in this joint appeal sought to challenge the operation of the statutory framework conferring the status of “relevant persons”, which grants procedural rights in Scotland’s children’s hearing process. These include the right to access to relevant documents before a hearing, to not accept grounds for referral, to legal representation and the right to appeal a panel’s decision.
In April 2019, a two month old girl (AX) died from multiple injuries whilst in the care of her mother and father. Both parents denied culpability, though have not disputed the medical evidence. Following the death of AX, the local authority was granted an Interim Care Order with regard to the deceased’s four year old sibling, SX, who has been in foster care since.
The appellant’s son was a suspected member of a terrorist organisation operating in Syria, whose alleged crimes involved the murder of British and US citizens, the severity and violence of which impacted the sensitivity of the investigation, and this judgment.