# The Criminal Procedure (Amendment No. 2) Rules 2006, Schedule 2

Extent: E+W
Status: prospective

“PART 36
Evidence about a complainant’s sexual behaviour
Contents of this Part
When this Part applies
rule 36.1
Application for permission to introduce evidence or cross-examine
rule 36.2
Content of application
rule 36.3
Service of application
rule 36.4
Reply to application
rule 36.5
Application for special measures
rule 36.6
Court’s power to vary requirements under this Part
rule 36.7
[Note. The rules in this Part derive in part from rule 23D of the Crown Court Rules 1982.
Section 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.
See also:
section 42 of the 1999 Act, which among other things defines ‘sexual behaviour’ and ‘sexual offence’;
section 43, which among other things, requires—
an application under section 41 to be heard in private and in the absence of the complainant,
the reasons for the court’s decision on an application to be given in open court,
the court to state in open court the extent to which evidence may be introduced or questions asked;
section 34, which prohibits cross-examination by a defendant in person of the complainant of a sexual offence.]
When this Part applies
36.1 This Part applies in magistrates' courts and in the Crown Court where a defendant wants to—
(a) introduce evidence; or
(b) cross-examine a witness
about a complainant’s sexual behaviour despite the prohibition in section 41 of the Youth Justice and Criminal Evidence Act 1999.
Application for permission to introduce evidence or cross-examine
36.2 The defendant must apply for permission to do so—
(a) in writing; and
(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).
[Note. See Part 3 for the court’s general powers to consider an application with or without a hearing and to give directions.
At 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.]
Content of application
36.3 The application must—
(a) identify the issue to which the defendant says the complainant’s sexual behaviour is relevant;
(b) give particulars of—
(i) any evidence that the defendant wants to introduce, and
(ii) any questions that the defendant wants to ask;
(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
(d) give the name and date of birth of any witness whose evidence about the complainant’s sexual behaviour the defendant wants to introduce.
Service of application
36.4 The defendant must serve the application on the court officer and all other parties.
Reply to application
36.5 A party who wants to make representations about an application under rule 36.2 must—
(a) do so in writing not more than 14 days after receiving it; and
(b) serve those representations on the court officer and all other parties.
Application for special measures
36.6 If the court allows an application under rule 36.2 then—
(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
(b) the court may shorten the time for opposing that application.
[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.]
Court’s power to vary requirements under this Part
36.7 The court may shorten or extend (even after it has expired) a time limit under this Part.”

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Source: https://www.legislation.gov.uk/uksi/2006/2636/schedule/2 (the official version)
Page: https://openlegislation.uk/criminal-procedure-amendment-no-2-rules-2006/schedule-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.