Source: All England Reporter
Publisher Citation: [2003] All ER (D) 24 (Feb)
Neutral Citation: [2002] EWCA Crim 176
Court: Court of Appeal, Criminal Division
Judge:

Potter LJ, Mackay J and Judge Mellor QC

Representation John Thackray (assigned by the Registrar of Criminal Appeals) for the defendant.
  Robert Stevenson (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 4 February 2003

Catchwords

Criminal evidence and procedure - Trial - Judge's ruling - Appeal against ruling - Judge declining to permit cross-examination of complainant in rape case about sexual behaviour - s 41.

The Case

In the instant case a judge had been correct in refusing the defence leave to cross-examine the complainant about her sexual behaviour because such questioning was not relevant to an issue in the case for the purposes of s41 of the .

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