Evidence Act Flashcards
Under S44 of the evidence act what can’t be put to the victim
No questions relating to
- sexual experience of the complainant with any person other then the defendant
- reputation of the complainant in sexual matters
Can an application be made for such evidence to be produced?
Yes but the judge can only grant the application if the evidence is of direct relevance to the case and would be contrary to the interest of justice to exclude it
Under s87 what information is restricted?
Details of the victims address unless judge gives permission for question/statement to be given as evidence
Under s88 what information is restricted?
Details of the victim occupation unless judge gives permission for question/statement to be given as evidence
What does s121 specify
That the complainants evidence does not need to be corroborated
What does S35 outline
Previous consistent statement rule which outlines that a previous statement made by a witness is not admissible unless the veracity of the complainant is challenged and is required as rebuttal evidence