PART 36EVIDENCE OF A COMPLAINANT’S PREVIOUS SEXUAL BEHAVIOUR

Content of application36.3

The application must—

a

identify the issue to which the defendant says the complainant’s sexual behaviour is relevant;

b

give particulars of—

i

any evidence that the defendant wants to introduce, and

ii

any questions that the defendant wants to ask;

c

identify the exception to the prohibition in section 41 of the Youth Justice and Criminal Evidence Act 1999 on which the defendant relies; and

d

give the name and date of birth of any witness whose evidence about the complainant’s sexual behaviour the defendant wants to introduce.