Visit JCPCUKSC/2026/0084
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CRIME
JM (Appellant) v His Majesty's Advocate (Respondent)
Case summary
Case ID
UKSC/2026/0084
Parties
Appellant(s)
JM
Respondent(s)
Crown Office
Issue
Did the trial judge’s decision to exclude certain text messages from the evidence presented to the jury breach JM’s right to a fair trial under article 6 of the European Convention on Human Rights?
Facts
The appellant, JM, was convicted after trial of an offence contrary to section 1 of the Domestic Abuse (Scotland) Act 2018, and sentenced to eight years in prison. The complainer was JM’s ex-partner. At trial the jury found that, between 1 November 2022 and 9 May 2023, JM had engaged in aggressive, controlling and violent behaviour, including by raping the complainer on various occasions. JM applied for permission to appeal against his conviction. He argued that he had not received a fair trial, as required by article 6 of the European Convention on Human Rights, because certain text messages between him and the complainer were excluded from evidence. In March 2026, the High Court of Justiciary refused JM’s application for permission to appeal at the first and second sift stages. JM appeals to the Supreme Court under its compatibility jurisdiction, on the basis that the High Court of Justiciary determined a compatibility issue (see Criminal Procedure (Scotland) Act 1995, section 288AA.)
Date of issue
19 June 2026
Case origin
PTA
