Part II Giving of evidence or information for purposes of criminal proceedings

C1 Chapter III Protection of complainants in proceedings for sexual offences

Annotations:
Modifications etc. (not altering text)
C1

Pt. II Chs. I-III amended (1.9.2001) by 2001 c. 17, s. 57(2) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

I142 Interpretation and application of section 41.

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In section 41—

a

“relevant issue in the case” means any issue falling to be proved by the prosecution or defence in the trial of the accused;

b

“issue of consent” means any issue whether the complainant in fact consented to the conduct constituting the offence with which the accused is charged (and accordingly does not include any issue as to the belief of the accused that the complainant so consented);

c

“sexual behaviour” means any sexual behaviour or other sexual experience, whether or not involving any accused or other person, but excluding (except in section 41(3)(c)(i) and (5)(a)) anything alleged to have taken place as part of the event which is the subject matter of the charge against the accused; and

d

subject to any order made under subsection (2), “sexual offence” shall be construed in accordance with section 62.

2

The Secretary of State may by order make such provision as he considers appropriate for adding or removing, for the purposes of section 41, any offence to or from the offences which are sexual offences for the purposes of this Act by virtue of section 62.

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Section 41 applies in relation to the following proceedings as it applies to a trial, namely—

F1a

proceedings before a magistrates’ court inquiring into an offence as examining justices,

F2b

the hearing of an application under paragraph 5(1) of Schedule 6 to the M1Criminal Justice Act 1991 (application to dismiss charge following notice of transfer of case to Crown Court),

c

the hearing of an application under paragraph 2(1) of Schedule 3 to the M2Crime and Disorder Act 1998 (application to dismiss charge by person sent for trial under section 51 F3or 51A of that Act),

d

any hearing held, between conviction and sentencing, for the purpose of determining matters relevant to the court’s decision as to how the accused is to be dealt with, and

e

the hearing of an appeal,

and references (in section 41 or this section) to a person charged with an offence accordingly include a person convicted of an offence.