Rule 22.4 Application for permission to introduce evidence or cross-examineI1

England and Wales

(1)

A defendant who wants to introduce evidence or cross-examine a witness about any sexual behaviour of the complainant must—

(a)

serve an application for permission to do so on—

(i)

the court officer, and

(ii)

each other party; and

(b)

serve the application—

(i)

as soon as reasonably practicable after becoming aware of the grounds for doing so, and in any event

(ii)

not more than 10 business days after the prosecutor discloses material on which the application is based.

(2)

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.

Annotations