Although a judge in a rape trial had not specifically directed the jury that evidence given by witnesses of what the complainant had told them after the incident was not independent evidence of the acts complained of, there had, in the circumstances, been no real risk of the jury assuming that it was.
COMPLAINTS CREDIBILITY CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.120 CRIMINAL PROCEDURE EVIDENCE FROM WITNESSES TO WHOM COMPLAINT MADE INDEPENDENT NATURE OF COMPLAINANT’S EVIDENCE JURY DIRECTIONS PREVIOUS CONSISTENT STATEMENTS RECENT COMPLAINT s.120(7) SEXUAL OFFENCES VICTIMS
The judge’s summing up had devalued the importance of the effect of the delay between the offences and trial. In the particular circumstances of the case a direction should have been given, warning the jury of convicting the appellant of sexual offences without independent supporting evidence.
ALLEGATIONS OF HISTORIC SEXUAL ACTIVITY WITH YOUNG GIRLS COMPLAINTS CORROBORATION CRIMINAL EVIDENCE CRIMINAL PROCEDURE DELAY DIRECTIONS INDECENT ASSAULT JURY DIRECTIONS NEED FOR INDEPENDENT SUPPORTING EVIDENCE PREJUDICE PREJUDICIAL EFFECT OF SUBSTANTIAL DELAY BETWEEN OFFENCES AND TRIAL SEXUAL ACTIVITY WITH CHILDREN SUMMING UP UNLAWFUL SEXUAL INTERCOURSE WARNINGS ON CORROBORATION AND DELAY
A judge had exercised his discretion fairly under s.41 Youth and Criminal Evidence Act 1999 by ruling as admissible certain evidence about sexual abuse on complainant children by persons other than their parents against whom criminal proceedings had been brought.
ABUSE ADMISSIBILITY APPEALS CHILDREN COMPLAINTS CONVICTIONS CREDIT CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DISCRETION EXCLUSION EXERCISE GUILT INCONSISTENT STATEMENTS INDECENCY WITH A CHILD INDECENT ASSAULT INNOCENCE INTERVIEW JURY LEAVE MISCONDUCT OTHERS PACE 1984 PARENTS PERMISSION PROCEDURAL IMPROPRIETY PROOF QUESTIONING RELEVANCE RIGHT TO QUESTION CHILD WITNESSES IN RELATION TO PRIOR COMPLAINTS OF ABUSE S.41 YOUTH AND CRIMINAL EVIDENCE ACT 1999 s.42(1)(c) S.78 POLICE AND CRIMINAL EVIDENCE ACT 1984 SEXUAL OFFENCES UNSAFE VIDEOS YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41
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