Does Any One Know What A Section 41 Is Please?

[Sodepressed]

Hi, I was wondering if anyone knows what a section 41 is please and what its used for?

We went to see the barrister last week and she mentioned that this is what she might be using in my partners tiral next week

[Rights Fighter]

Previous Sexual History. It can't be put before a jury to discredit her (for instance as 'promiscuous') unless she's made false allegations before.

The solicitor / barrister will explain to you how it can be used in your case.

[SalvationNeeded123]

In what instances is it usually used?

[Eebygolly]

That had me worried until I read Section 41 as I will certainly be using that line of defence if it comes to a court case. 30 year old men driving a 13 year old girl about every night would give any parent something to worry about as would a 50 year old man giving her £20 notes supposedly 'because she has a nice smile'.

S41 link

http://www.cps.gov.uk/legal/p_to_r/r...es/yjcea_1999/

[Rights Fighter]

That had me worried until I read Section 41 as I will certainly be using that line of defence if it comes to a court case. 30 year old men driving a 13 year old girl about every night would give any parent something to worry about as would a 50 year old man giving her £20 notes supposedly 'because she has a nice smile'.

S41 link

http://www.cps.gov.uk/legal/p_to_r/r...es/yjcea_1999/

It's not a choice you can make. Defence counsel can apply for a Section 41 if he/she feels it is necessary and then it is up to the judge to allow or reject the application.

[Eebygolly]

It's not a choice you can make. Defence counsel can apply for a Section 41 if he/she feels it is necessary and then it is up to the judge to allow or reject the application.

Astounding! How on earth does a person get a fair trial if they are not allowed to demonstrate what sort of person the accuser is?

[bootandsuit]

Astounding! How on earth does a person get a fair trial if they are not allowed to demonstrate what sort of person the accuser is?

My barrister has applied for a Section 41 ahead of my trial on Wednesday we have applied for it as the accuser cried rape 3 months before she did the same to me

[Rights Fighter]

Boots, if you want me to call you, PM me your landline number on FB.

Hopefully the Section 41 will be allowed.