On 4 December 1999 the provisions of sections 41 and 43 of the Youth Justice & Criminal Evidence Act 1999 were brought into force.These provisions severely limit the evidence which may be adduced and questions which may be asked by the defence in relation to sexual offences.In the past this type of restriction has been of interest only to those with higher court rights of audience.However, under the new regime these restrictions will apply equally to trials in the youth and magistrates court and to a much wider range of sexual offences, including indecent assaults.

The change is therefore of significant importance to all advocates and to all those who prepare cases.In the crown courts there are time limits for the giving of certain notices.If a defendant has been charged with a sexual offence (as widely defined in the Act) then no evidence may be adduced, or any question be asked by the defence (without leave of the court) which relates to any sexual behaviour or sexual experience of the complainant unless one of the very restricted exceptions applies to the circumstances.These can only be given if a refusal might have the effect of rendering unsafe the outcome of the case.The exceptions to this rule are:-- That the evidence relates to the actual offence; or,-- That it relates to a specific instance of sexual behaviour and in addition:-- The issue is not one of consent, or;-- The issue is one of consent but the behaviour took place at or about the same time as the alleged offence, or;-- The issue is one of consent and is strikingly similar to the evidence in the case.However, none of the exceptions within section 2(a)(b)(c) of the Act may be used if the main purpose of introducing the evidence is to impugn the credibility of the complainant, or if the evidence relates to a specific instance of sexual behaviour and relates to and rebuts evidence adduced by the crown about the complainant's sexual behaviour.It should be noted that any evidence which goes to the issue of the defendant's honest belief in consent (whether or not that consent existed) is not an issue of consent for the purposes of these rules.This restrictive regime is already being challenged in the higher courts.Procedural changes have been introduced in the crown court by amendment to the rules.

These require notice to be given of any application for leave under these provisions.The notice should be given within 28 days of committal transfer or sending.

It should include the details of the evidence to be given or questions to be asked and give the name and date of birth of any witness who it is proposed should give evidence as to the complainant's sexual behaviour.It should be noted that the crown is not restricted by these rules and on occasion may have to lead the evidence if a fair trial is to be achieved.