An appeal was to be heard by the committee in which it was expected that a declaration of incompatibility would be considered in respect of legislation restricting the raising by a defendant on a charge of rape of the complainant’s sexual history. Though the Crown would conduct the appeal, the Home Secretary, whose Act was in issue sought to be joined. The case was still in anticipation of the trial, and the rules anticipated notice being served when such a declaration was considered. Nevertheless, the proposal would improve efficiency, and the Director of Public Prosecutions served a different function in the appeal. The Home Secretary could be allowed to be joined at this stage.
Times 21-Mar-2001
Human Rights Act 1998 5 41, Criminal Appeal (Amendment) Rules 2000 (2000 No 2036), Youth Justice and Criminal Evidence Act 1999 41
England and Wales
Cited by:
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
See Also – Regina v A (Complainant’s Sexual History) (No 2) HL 17-May-2001
The fact of previous consensual sex between complainant and defendant could be relevant in a trial of rape, and a refusal to allow such evidence could amount to a denial of a fair trial to a defendant. Accordingly, where the evidence was so relevant . .
Cited – In re A (A Minor) FD 8-Jul-2011
An application was made in care proceedings for an order restricting publication of information about the family after the deaths of two siblings of the child subject to the application. The Sun and a local newspaper had already published stories . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence, Criminal Practice, Human Rights
Updated: 20 December 2021; Ref: scu.88368
