Article 15 Evidence of a complainant’s previous sexual behaviour
An application for leave under section 41(2) of the Act must be made in writing to the court administration officer and must either—
be received by that officer within 28 days of—
that officer issuing a convening order under section 84C(1) of the Army Act 1955 or of the Air Force Act 1955, or under section 53C(1) of the Naval Discipline Act 1957, or
the lodging of a notice of appeal under paragraph 18(3) of Schedule 3 to the Armed Forces Act 1976,
or within such period as the judge advocate may in any particular case determine; or
be accompanied by a full written explanation specifying the reasons why the application could not have been made within the 28 days mentioned above.
Such an application must contain the following—
a summary of the evidence it is proposed to adduce and of the questions it is proposed to put to any witness;
a full explanation of the reasons why it is considered that the evidence and questions fall within section 41(3) or (5) of the Act;
a summary of any document or other evidence to be submitted in support of such evidence and questions; and
where it is proposed that a witness at the trial give evidence as to the complainant’s sexual behaviour, the name and date of birth of any such witness.
A copy of the application must be sent to all the parties to the proceedings at the same time as it is sent to the court administration officer.
Where a copy of the application is received by the prosecutor more than 14 days before the date set for the trial to begin, the prosecutor must, within 14 days of the receipt of the application, notify the other parties to the proceedings and the court administration officer in writing whether or not—
he opposes the application, giving reasons for any such opposition; and
he wishes to be represented at any hearing of the application.
Where a copy of the application is received by a party to the proceedings other than the prosecutor more than 14 days before the date set for the trial to begin, that party may make observations in writing on the application to the court administration officer, but any such observations must be made within 14 days of the receipt of the application and be copied to the other parties to the proceedings.
In considering any application under this rule, the judge advocate may request a party to the proceedings to provide him with such information as he may specify and which he considers would assist him in determining the application.
Where the judge advocate makes such a request, the person required to provide the information must do so within 14 days of the judge advocate making the request or by such time as the judge advocate considers appropriate in the circumstances of the case.
An application under paragraph (1) must be determined by the judge advocate following a hearing if—
the prosecutor has notified the court administration officer that he opposes the application; or
the copy of the application was received by any of the parties to the proceedings less than 14 days before the date set for the trial to begin.
An application under paragraph (1) must be determined by the judge advocate following a hearing in any case where he considers such a hearing is appropriate in the circumstances of the particular case.
The date and time of the hearing must be—
determined by the judge advocate or the court administration officer after taking into consideration—
any time which a party to the proceedings has been given to respond to a request for information; and
the date fixed for any other hearing relevant to the proceedings; and
notified by the court administration officer to all the parties to the proceedings.
The court administration officer must, as soon as possible after the determination of an application made in accordance with paragraph (1), give notice of the decision and the reasons for it to all the parties to the proceedings.
An application under section 41(2) of the Act may be made orally where the application is made after the trial has begun.