Sexual offences evidence Flashcards
S44 EA 06
Evidence of sexual experience of complainants in sexual cases
S44(1) EA 06
No evidence can be given and no question can be put to a witness relating directly or indirectly to their sexual experience unless it is related to the defendant.
S44(2) EA 06
No evidence can be given and no question asked of a witness of their sexual reputation
S44(3) EA 06
A judge can grant permission on application unless satisfied that the evidence requested under (1) is relevant to the case or to sentencing and wouldn’t be in the interest of justice to exclude it
What is the purpose of S44(1) and (2) of the EA 06?
To protect the complainants character and keep the comments and evidence limited to the case at hand.
Define
Sexual case
An offence against sections 128 to 142A of the CA 1961 or section 144A of the AC 1961 or any other offence against the person of a sexual nature
S87 EA 06
privacy as to witnesses precise address
S88 EA 06
Restrictions on disclosure of complainants occupation in sexual cases
Purpose of S87 and S88 of EA 06
protect the complainant from retribution and/or harassment.
S97
Persons allowed to be present if oral evidence is taken from complainant in sexual case
Who can be present in relation to S97?
judge prosecutor defendant any person acting as custodian of the defendant any lawyer engaged in proceedings any officer of the court police OC case any member of media defined in S198(2) any person requested by complainant any person permitted by the judge to be present
