Kirkup (Appellant) v His Majesty's Advocate (Respondent)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

UKSC/2026/0101

Parties

Appellant(s)

Sean Kirkup

Respondent(s)

THE LORD ADVOCATE

Issue

Did the trial judge’s decision to exclude certain material from the evidence presented to the jury breach the appellant’s right to a fair trial under article 6 of the European Convention on Human Rights?

Facts

The appellant, Mr Kirkup, was convicted on 5 February 2025 by a jury at the High Court of Justiciary in Edinburgh of four sexual and domestic abuse offences against two former partners. This included a charge of sexual assault against one of the women by pulling her hair, pushing her and striking her body with a whip and paddle. The appellant was sentenced to a custodial term of four years and an extension period of 2 years. The appellant appealed 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 he had been prevented from adducing evidence showing that he and the complainer had a history of consensually engaging in BDSM (bondage, domination, submission and masochism). In particular, the appellant had not been permitted to adduce evidence regarding the existence and use of a safeword. The High Court of Justiciary dismissed his appeal. He now appeals to the Supreme Court.