Criminal Trial Courts Bench Book
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Sexual assault trials — procedural matters
Complaint evidence
[5-000]
Introduction
[5-010]
Evidence of complaint where witness available to give evidence — s 66(2)
[5-020]
Suggested direction — where complaint evidence admitted under s 66(2)
[5-030]
Evidence of complaint where witness not available under s 65(2)
[5-040]
Evidence of complaint as a prior consistent statement under s 108(3)
[5-045]
Direction where difference in complainant's account — prescribed sexual offences only
[5-050]
Suggested direction
[5-055]
Suggested direction — delay in, or absence of, complaint
[5-060]
Notes
[5-070]
Delay in complaint and forensic disadvantage to the accused
[5-080]
Suggested direction — delay in complaint and forensic disadvantage to the accused
Cross-examination concerning prior sexual history of complainants
[5-100]
Introduction
[5-110]
The exclusions in s 294CB(4)
Directions — misconceptions about consent in sexual assault trials
[5-200]
Introduction
[5-210]
Summary of the statutory framework
[5-220]
Suggested procedure when considering whether consent directions required
[5-230]
Suggested direction — responses to giving evidence
[5-240]
Suggested directions — ss 292A–292C, 292E
Expert evidence — specialised knowledge of child behaviour
[5-300]
The operation of ss 79(2) and 108C Evidence Act 1995
[5-310]
Notes
Pre-recorded evidence in child sexual offence proceedings (CSOEP)
[5-400]
Introduction
[5-410]
Requirements for, and conduct of, pre-recorded hearings
[5-420]
Suggested direction — pre-recorded evidence
[5-430]
Child Sexual Assault List — procedure
Sexual assault communications privilege
[5-500]
Introduction
[5-510]
What communications are protected?
[5-520]
Applications for leave
[5-530]
Disclosing and allowing access to protected confidences
[5-540]
Power to make ancillary orders associated with disclosure