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Efforts to improve conviction rates in cases involving sexual offences have led to a plethora of changes in the Criminal Justice System in recent years including the use of special measures, pre-recorded cross examination and restrictions on evidence of sexual behaviour by complainants. These restrictions, introduced by s.41 of the Youth Justice and Criminal Evidence Act 1999, can significantly affect the landscape of a trial. It is vital, therefore, that practitioners understand the law, disclosure implications and procedure behind this complex area of law.
This book endeavours to assist those who conduct cases involving sexual offences by exploring the law and procedure of section 41 applications including the interplay with section 100 of the Criminal Justice Act 2003 where there have been previous allegations by a complainant. It is designed to provide practical assistance by acting as a nutshell guide to section 41 and provides a practitioner check list for prosecution and defence counsel for cases involving section 41 applications.
CONTENTS
Chapter 1: An Introduction to Section 41
Chapter 2: When Does Section 41 Apply and What Is 'Sexual Behaviour'?
Chapter 3: Gateway 1: A Relevant Issue Other Than Consent
Chapter 4: Gateway 2: Consent and Contemporaneity
Chapter 5: Gateway 3: Consent and Similarity
Chapter 6: Gateway 4: Rebuttal and Explanation
Chapter 7: Restrictions on Admissibility
Chapter 8: Previous Allegations
Chapter 9: Procedure for Making a S.41 Application and Counsel's Responsibilities
Appendix A: Counsel's Responsibilities Checklist
Appendix B: 41.- Restriction on evidence or questions about complainant's sexual history
About the author
Fiona Robertson is a culture, leadership and teamwork expert who holds an MBA from London Business School and is a Graduate of the Australian Institute of Company Directors and the Institute of Executive Coaching and Leadership. She is the immediate past Head of Culture for the National Australia Bank (NAB), where she spent a cumulative 12 years in senior executive positions including heading their market research function and several transformation roles. Her tenure as Head of Culture included the introduction of a set of values and the development of a new purpose for the organisation.
