Section 41 of the Youth Justice and Criminal Evidence Act of 1999

Written by carly reynolds
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The Youth Justice and Criminal Evidence Act of 1999 was passed to make provisions for criminal offenders under the age of 18. Section 41 of the act pertains to the "restriction on evidence or questions about complainant's sexual history."

Restricted Evidence

When a person is being charged with a sexual crime, the complainant is protected by restricting evidence from being adduced from the complainant. During cross-examination, no questions may be asked regarding sexual behaviour of the complainant.

Permitted Evidence

In some cases, the court may give leave for evidence requested by the accused in the case that the absence of the evidence might result in an unsafe conclusion.


No evidence can be adducted from the complainant and no questioning can occur during cross-examination if the court finds that the evidence or questioning is used with the intent of discrediting the complainant.

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