44A Application to offer evidence or ask question about sexual experience of complainant in sexual cases

(1)

An application under section 44(1) must comply with subsections (2) to (5) (as relevant) unless—

(a)

every other party has waived those requirements; or

(b)

the Judge dispenses with those requirements.

(2)

A party who proposes to offer evidence about the sexual experience of a complainant must make a written application and the application must include—

(a)

the name of the person who will give the evidence; and

(b)

the subject matter and scope of the evidence.

(3)

A party who proposes to ask any question about the sexual experience of a complainant must make a written application and the application must include—

(a)

the name of the person who will be asked the question; and

(b)

the question; and

(c)

the scope of the questioning sought to flow from the initial question.

(4)

If any document is intended to be produced as evidence of the sexual experience of a complainant, the application required under subsection (2) must be accompanied by a copy of the document.

(5)

An application must be made and a copy of the application must be given to all other parties—

(a)

as early as practicable before the case is to be tried so that all other parties are provided with a fair opportunity to respond to the evidence or question:

(b)

unless a Judge otherwise permits under subsection (6), no later than when a case management memorandum (for a judge-alone trial) or a trial callover memorandum (for a jury trial) is filed under the Criminal Procedure Act 2011.

(6)

The Judge may dispense with any of the requirements in subsections (2) to (5) if,—

(a)

having regard to the nature of the evidence or question proposed to be offered or asked, no party is substantially prejudiced by the failure to comply with a requirement; and

(b)

compliance was not reasonably practicable in the circumstances; and

(c)

it is in the interests of justice to do so.

Section 44A: inserted, on 8 January 2017, by section 15 of the Evidence Amendment Act 2016 (2016 No 44).