Sex offence evidence and practical

Question 1

Identify and discuss the provisions of S44 Evidence Act 2006.

Answer 1

Section 44 protects the Victims Character in court proceedings.

Section 44 (1) and (2) outlines that no evidence or questions can be put to the complainant about:

• The complainants sexual experience with any other person other than the complainant
• The reputation of the complainant in sexual matters

Question 2

Identify and discuss the provisions of the evidence Act 2006 in relation to the Victims address being made available

Answer 2

S87 of the evidence act 2006 protects the Victim from having to state their address. This includes not only street number and name but also the name of the town or community they lived in.

Question 3

In a sexual case S97 Criminal procedure act details who may be present during the giving of oral evidence of any Victim. Identify these persons

Answer 3

• Judge
• Prosecutor
• The defendant
• Any lawyer involved in the proceedings
• Any officer of the court
• police employee in charge of the case

Question 4

What is the definition of a ‘sexual case’ under S4 Evidence Act 2006

Answer 4

Sexual case means a criminal proceeding in which a person is charged with or is waiting to be sentenced or otherwise dealt with for -

a) an offence against any of the provisions of section 128 to 142A or Section 144A of the Crimes Act 1961; or
b) Any other offence against the person of a sexual nature.