Sexual offence Flashcards
Definition of sexual case
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 sections 128 to 142A or section 144A of the crimes act 1962
Or
B) any other offence against the person of a sexual nature
What is Section 44 evidence act
No evidence can be given and no question can be put to a witness about the sexual experience of the complainant with any person other than the defendant, except with the permission of the judge
The judge must not grant permission unless satisfied that the evidence or questions of such direct relevance to facts in issue in the proceeding or the issue of the appropriate sentence that it would be contrary to the interests of justice to exclude it
Section 97
when the complainant gives oral evidence who is allowed in court?
Prosecutor Judge The defendant Any lawyer engaged in the proceedings Any officer of the court Any police officer in charge of the case Any member of media defined in section 198(2$
