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Rule 22.1 When this Part appliesI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

This Part applies in a magistrates’ court and in the Crown Court where—

(a)

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

(b)

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—

(a)

section 42 of the 1999 Actf2, which among other things defines ‘sexual behaviour’ and ‘sexual offence’;

(b)

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

I1

Rule 22.1 in force at 6.10.2025, see Preamble

Footnotes

f1

1999 c. 23.

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).