A recorder had not erred in refusing a defence application to cross-examine a rape victim pursuant to the Youth Justice and Criminal Evidence Act 1999 s.41 in order to question her regarding her sexual relationship with another man.
CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION JURY DIRECTIONS OFFENDER CLAIMING INJURY OCCURRED LATER OFFENDER INJURING PENIS DURING RAPE RAPE RECORDER REFUSING APPLICATION TO QUESTION VICTIM UNDER S.41 YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.13(1) s.41(3) s.41(5) s.41(5)(a) s.42 SEXUAL ACTIVITY WITH CHILDREN SEXUAL OFFENCES ACT 2003 s.1(1) VICTIMS YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41
A Crown Court judge presiding over a retrial had been wrong to designate a pre-trial hearing as a preparatory hearing, and so the Court of Appeal lacked jurisdiction to hear the defendants’ interlocutory appeal against his ruling that the complainant’s police interview and cross-examination at the original trial could be admitted as hearsay evidence at the retrial.
ADMISSIBILITY COMPLAINANT’S REFUSAL TO ATTEND RETRIAL COMPLEXITY CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.114(1)(d) CRIMINAL PROCEDURE CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996 s.29 DESIGNATION AS PREPARATORY HEARING HEARSAY EVIDENCE JURISDICTION PRE-TRIAL HEARINGS PREPARATORY HEARINGS RULING AT HEARING ON ADMISSIBILITY OF COMPLAINANT’S EARLIER EVIDENCE AS HEARSAY s.114 s.114(2) s.114(2)(g) s.116 s.116(2) s.116(2)(b) s.116(2)(e) s.13(1) s.1311(1)(c) s.29(1) s.3(5) s.31 s.35(1) s.40 s.40(4) s.91(1) SERIOUSNESS AND LIKELY LENGTH OF TRIAL SERIOUSNESS OF OFFENCE SEXUAL OFFENCES
Offences committed by a young offender contrary to the Sexual Offences Act 2003 s.13 were not serious specified offences for the purposes of the Criminal Justice Act 2003.
ASSESSMENT OF DANGEROUSNESS CRIMINAL JUSTICE ACT 2003 s.226 DANGEROUSNESS EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION OFFENCES COMMITTED BY YOUTH NOT AMOUNTING TO SERIOUS SPECIFIED OFFENCES s.1(1) s.1(2) s.11(1) s.12(1) s.13 s.13(1) s.13(2)(b) s.224 s.224(2) s.226(3) s.7(2) Sch.15 SENTENCING SERIOUS SPECIFIED OFFENCES SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.7(1) YOUNG OFFENDERS
Please use the form below to make contact. Your email will be responded to promptly (we endeavour to respond to all email enquiries within one hour). Alternatively, you can call Stephen's firm, Twelve Tabulae Limited, on +44 (0) 203 846 5801.