Rule 22.1 When this Part appliesI1
England and Wales
This Part applies in a magistrates’ court and in the Crown Court where—
section 41 of the Youth Justice and Criminal Evidence Act 1999f1 prohibits the introduction of evidence or cross-examination about any sexual behaviour of the complainant of a sexual offence; and
despite that prohibition, a defendant wants to introduce such evidence or to cross-examine a witness about such behaviour.
[Note. 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 Actf2, which among other things defines ‘sexual behaviour’ and ‘sexual offence’;
section 34, which prohibits cross-examination by a defendant in person of the complainant of a sexual offence (Part 23 contains relevant rules).]
Annotations
Commencement
Footnotes
- f1
- f2
1999 c. 23; section 42 was amended by paragraph 73 of Schedule 3 and Schedule 37 to the Criminal Justice Act 2003 (c. 44).