{
  "url": "https://openlegislation.uk/criminal-procedure-amendment-no-2-rules-2006/schedule-2",
  "json_url": "https://openlegislation.uk/criminal-procedure-amendment-no-2-rules-2006/schedule-2.json",
  "legislation": "uksi/2006/2636",
  "legislation_title": "The Criminal Procedure (Amendment No. 2) Rules 2006",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-amendment-no-2-rules-2006",
  "path": "schedule/2",
  "kind": "schedule",
  "number": "2",
  "heading": null,
  "text": "“PART 36\nEvidence about a complainant’s sexual behaviour\nContents of this Part\nWhen this Part applies\nrule 36.1\nApplication for permission to introduce evidence or cross-examine\nrule 36.2\nContent of application\nrule 36.3\nService of application\nrule 36.4\nReply to application\nrule 36.5\nApplication for special measures\nrule 36.6\nCourt’s power to vary requirements under this Part\nrule 36.7\n[Note. The rules in this Part derive in part from rule 23D of the Crown Court Rules 1982.\nSection 41 of the Youth Justice and Criminal Evidence Act 1999 prohibits evidence or cross-examination about the sexual behaviour of a complainant of a sexual offence, subject to exceptions.\nSee also:\nsection 42 of the 1999 Act, which among other things defines ‘sexual behaviour’ and ‘sexual offence’;\nsection 43, which among other things, requires—\nan application under section 41 to be heard in private and in the absence of the complainant,\nthe reasons for the court’s decision on an application to be given in open court,\nthe court to state in open court the extent to which evidence may be introduced or questions asked;\nsection 34, which prohibits cross-examination by a defendant in person of the complainant of a sexual offence.]\nWhen this Part applies\n36.1 This Part applies in magistrates' courts and in the Crown Court where a defendant wants to—\n(a) introduce evidence; or\n(b) cross-examine a witness\nabout a complainant’s sexual behaviour despite the prohibition in section 41 of the Youth Justice and Criminal Evidence Act 1999.\nApplication for permission to introduce evidence or cross-examine\n36.2 The defendant must apply for permission to do so—\n(a) in writing; and\n(b) not more than 28 days after the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996 (disclosure by prosecutor).\n[Note. See Part 3 for the court’s general powers to consider an application with or without a hearing and to give directions.\nAt a pre-trial hearing a court may make binding rulings about the admissibility of evidence and about questions of law under section 7 of the Criminal Justice Act 1987; sections 31 and 40 of the Criminal Procedure and Investigations Act 1996; and section 45 of the Courts Act 2003.]\nContent of application\n36.3 The application must—\n(a) identify the issue to which the defendant says the complainant’s sexual behaviour is relevant;\n(b) give particulars of—\n(i) any evidence that the defendant wants to introduce, and\n(ii) any questions that the defendant wants to ask;\n(c) identify the exception to the prohibition in section 41 of the Youth Justice and Criminal Evidence Act 1999 on which the defendant relies; and\n(d) give the name and date of birth of any witness whose evidence about the complainant’s sexual behaviour the defendant wants to introduce.\nService of application\n36.4 The defendant must serve the application on the court officer and all other parties.\nReply to application\n36.5 A party who wants to make representations about an application under rule 36.2 must—\n(a) do so in writing not more than 14 days after receiving it; and\n(b) serve those representations on the court officer and all other parties.\nApplication for special measures\n36.6 If the court allows an application under rule 36.2 then—\n(a) a party may apply not more than 14 days later for a special measures direction or for the variation of an existing special measures direction; and\n(b) the court may shorten the time for opposing that application.\n[Note. Special measures to improve the quality of evidence given by certain witnesses may be directed by the court under section 19 of the Youth Justice and Criminal Evidence Act 1999 and varied under section 20. An application for a special measures direction may be made by a party under Part 29 or the court may make a direction on its own initiative. Rule 29.1(6) sets the usual time limit (14 days) for opposing a special measures application.]\nCourt’s power to vary requirements under this Part\n36.7 The court may shorten or extend (even after it has expired) a time limit under this Part.”",
  "extent": "E+W",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 in force at 6.11.2006, see rule 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1982/1109; amended by S.I. 2000/2987; there are other amending instruments, but none is relevant."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1999 c. 23."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 42(3)(c) was amended by section 41 of, and paragraph 73(1) and (3)(b) of Schedule 3 to, the Criminal Justice Act 2003 (c. 44). Section 42(3)(a) and (b) is repealed by section 41 of, and paragraph 73(1) and (3)(a) of Schedule 3 and Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 43(3) was amended by section 109(1) of, and paragraph 384(g) of Schedule 8 to, the Courts Act 2003 (c. 39)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1996 c. 25; section 3 was amended by section 82(1) of, and paragraph 7(1) of Schedule 4 to, the Regulation of Investigatory Powers Act 2000 (c. 23) and sections 32 and 331 of, and paragraphs 20 and 21 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "1987 c. 38; section 7 was amended by section 168(1) of, and paragraph 30 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33) and section 310(1) of the Criminal Justice Act 2003 (c. 44) and is further amended by sections 45 and 331 of, and paragraphs 52 and 53 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44), with effect from dates to be appointed. Section 7(3),(4) and (5) was repealed by sections 72 and 80 of, and paragraph 2 of Schedule 3 and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25)."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "1996 c. 25; section 31 is amended by sections 310(5), 331 and 332 of, and paragraphs 20, 36, 65 and 67 of Schedule 36 and Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from dates to be appointed."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "2003 c. 39."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "Section 20(6) is amended by paragraph 384(a) of Schedule 8 to the Courts Act 2003 (c. 39)."
    }
  ],
  "outstanding_effects": [
    {
      "type": "coming into force",
      "affecting": "uksi/2006/2636",
      "affecting_title": "The Criminal Procedure (Amendment No. 2) Rules 2006"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2006/2636/schedule/2",
    "retrieved_at": "2026-10-29T04:19:20.878881+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}