When this Part applies
22.1. This Part applies in magistrates’ courts and in the Crown Court where a defendant wants to—
(a)introduce evidence; or
(b)cross-examine a witness,
about a complainant’s sexual behaviour despite the prohibition in section 41 of the Youth Justice and Criminal Evidence Act 1999(1).
[Note: Section 41 of the Youth Justice and Criminal Evidence Act 1999 prohibits evidence or cross-examination about the sexual behaviour of a complainant of a sexual offence, subject to exceptions.
See also—
(a)section 42 of the 1999 Act(2), which among other things defines ‘sexual behaviour’ and ‘sexual offence’;
(b)section 43(3), which among other things, requires—
(i)an application under section 41 to be heard in private and in the absence of the complainant,
(ii)the reasons for the court’s decision on an application to be given in open court, and
(iii)the court to state in open court the extent to which evidence may be introduced or questions asked; and
(c)section 34, which prohibits cross-examination by a defendant in person of the complainant of a sexual offence (Part 23 contains relevant rules).]
1999 c. 23; section 42 was amended by paragraph 73 of Schedule 3 and Schedule 37 to the Criminal Justice Act 2003 (c. 44).
1999 c. 23; section 43(3) was amended by section 109(1) of, and paragraph 384(g) of Schedule 8 to, the Courts Act 2003 (c. 39).