PART 36EVIDENCE OF A COMPLAINANT’S PREVIOUS SEXUAL BEHAVIOUR

Application for permission to introduce evidence or cross-examine36.2

The defendant must apply for permission to do so—

a

in writing; and

b

not more than 28 days after the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996469 (disclosure by prosecutor).

[Note. See Part 3 for the court’s general powers to consider an application with or without a hearing and to give directions.

At a pre-trial hearing a court may make binding rulings about the admissibility of evidence and about questions of law under section 9 of the Criminal Justice Act 1987470; sections 31 and 40 of the Criminal Procedure and Investigations Act 1996471; and section 8A of the Magistrates’ Courts Act 1980472.]