The defendant was accused of a rape before 2000. No complaint was made until after 2004. The defendant wished to ask the complainant about her sexual history. It was argued that the former provision had been repealed, and tat the new provisons were not back dated, and that therefore there was no restriction.
Held: Though not explicit, the newer Act intended that the old rules should continue to apply to cases predating the new Act. The appeal was dismissed.
Citations:
[2007] EWCA Crim 2581, Times 06-Dec-2007
Links:
Statutes:
Youth Justice and Criminal Evidence Act 1999 41, Sexual Offences Act 2003
Jurisdiction:
England and Wales
Criminal Practice
Updated: 28 July 2022; Ref: scu.260282