Navigating Section 41 Applications - Admissibility of Previous Sexual History in Criminal Trials

Introduction

Are you making the most of Section 41 applications in your cases?

This webinar provides a deep dive into the use of Section 41 of the Youth Justice and Criminal Evidence Act 1999 — a critical tool that determines the admissibility of previous sexual behaviour by a complainant in trials concerning sexual offences.

It is crucial that criminal practitioners understand the law and procedure behind such applications which can radically affect the landscape of a sexual offence trial.

What You Will Learn

This webinar will cover the following:

• Section 41 YCJEA 1999
  • The Law
  • Procedure
  • Gateways to admissibility
    • A relevant issue other than consent
    • Consent and contemporaneity
    • Consent and similarity
    • The rebuttal gateway
  • Restrictions
• The intersection between section 100 Criminal Justice Act 2003 (non defendant bad character) and section 41 where complainants have made previous allegations of sexual offending
• A consideration of the statistics and practical realities of making a section 41 application