Rule 22.3 Decisions and reasonsI1
England and Wales
A prosecutor who wants to introduce the evidence of a complainant in respect of whom the court allows the introduction of evidence or cross-examination about any sexual behaviour must—
inform the complainant of the court’s decision as soon as reasonably practicable; and
explain to the complainant any arrangements that as a result will be made for him or her to give evidence.
The court must—
promptly determine an application; and
The court must announce at a hearing in public—
the reasons for a decision to allow or refuse an application under rule 22.4; and
if it allows such an application, the extent to which evidence may be introduced or questions asked.
[Note. Under section 43 of the Youth Justice and Criminal Evidence Act 1999—
the reasons for the court’s decision on an application must be given in open court; and
the court must state in open court the extent to which evidence may be introduced or questions asked.
Under section 32 of the Domestic Violence, Crime and Victims Act 2004, the Secretary of State for Justice must issue a code of practice as to the services to be provided by specified persons to a victim of criminal conduct. Section 2 of the Victims and Prisoners Act 2024 imposes a corresponding obligation. Under section 2(13) of the 2024 Act, until the first code of practice issued under section 2 is in operation, references in sections 5 to 12 and 32 of that Act to the “victims’ code” are references to the code of practice issued under section 32 of the 2004 Act for the time being in operation.]
Annotations
Commencement
Footnotes
- f1
2004 c. 28; section 32 was amended by article 8 of, and paragraph 10 of the Schedule to, S.I. 2007/2128.
- f2