A conviction under the Sexual Offences Act 2003 s.9 could not be substituted for a conviction under the Sexual Offences Act 1956 s.14(1), as the indictment based on the 1956 Act could not be said to expressly or impliedly include an allegation of an offence under s.9 of the 2003 Act.
ALTERNATIVE OFFENCES CHILD SEX OFFENCES CRIMINAL APPEAL ACT 1968 s.3 CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION DEFECTS GROSS INDECENCY INDECENT ASSAULT INDICTMENT DID NOT EXPRESSLY OR IMPLIEDLY INCLUDE ALLEGATION OF OFFENCE UNDER NEW ACT INDICTMENT REFERRING TO REPEALED ACT INDICTMENTS JURY DIRECTIONS s.41 s.41(2) s.41(3) s.41(4) SEXUAL BEHAVIOUR SEXUAL OFFENCES ACT 1956 s.14(1) SEXUAL OFFENCES ACT 2003 s.9 SUBSTITUTION OF CONVICTION UNDER NEW ACT YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41(1)
Where the cross-examination of a complainant under the Youth Justice and Criminal Evidence Act 1999 s.41(1) to show that her allegations of sexual abuse against an individual were false, and therefore that her allegations against the defendant were likely to be false, meant that the jury would have been told about the individual’s limited admissions to the allegations, there was no real prospect that the jury would infer that the allegations were false, and an application under s.41(1) was refused.
APPLICATION UNDER S.41(1) OF YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 TO CROSS-EXAMINE WITNESS CHILD SEX OFFENCES CREDIBILITY CRIMINAL EVIDENCE CROSS-EXAMINATION EFFECT OF ALLEGATIONS MADE AGAINST THIRD PARTY ON ALLEGATIONS MADE AGAINST DEFENDANT SEXUAL ACTIVITY WITH CHILD FAMILY MEMBERS SEXUAL OFFENCES TRUTHFULLNESS OF ALLEGATIONS MADE AGAINST THIRD PARTY WITNESSES YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41(1)
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