judgment in R v A (No 2)
E640905
House of Lords case
United Kingdom criminal law case
evidence law case
judicial decision
leading authority
rape law case
The judgment in R v A (No 2) is a leading House of Lords decision on the admissibility of a complainant’s sexual history evidence in rape trials and the impact of the Human Rights Act 1998 on such evidential rules.
Statements (44)
| Predicate | Object |
|---|---|
| instanceOf |
House of Lords case
ⓘ
United Kingdom criminal law case ⓘ evidence law case ⓘ judicial decision ⓘ leading authority ⓘ rape law case ⓘ |
| alsoKnownAs | R v A (No 2) NERFINISHED ⓘ |
| appliesStatute |
Human Rights Act 1998
NERFINISHED
ⓘ
Youth Justice and Criminal Evidence Act 1999 NERFINISHED ⓘ |
| concernsAreaOfLaw |
criminal evidence
ⓘ
human rights law ⓘ rape law ⓘ statutory interpretation ⓘ |
| concernsProvision |
Article 3 European Convention on Human Rights
NERFINISHED
ⓘ
Article 6 European Convention on Human Rights NERFINISHED ⓘ Article 8 European Convention on Human Rights NERFINISHED ⓘ section 3 Human Rights Act 1998 ⓘ section 41 Youth Justice and Criminal Evidence Act 1999 ⓘ |
| country | United Kingdom ⓘ |
| effectOnLaw |
expanded judicial discretion to admit relevant sexual history evidence
ⓘ
strengthened use of section 3 HRA 1998 to read legislation compatibly with Convention rights ⓘ |
| hasCourt | House of Lords NERFINISHED ⓘ |
| hasJurisdiction | England and Wales NERFINISHED ⓘ |
| holds |
a declaration of incompatibility should be avoided if a conforming interpretation is possible
ⓘ
courts must interpret section 41 YJCEA 1999 compatibly with Article 6 ECHR where possible ⓘ evidence of a complainant’s prior sexual relationship with the defendant may be admissible where necessary for a fair trial ⓘ section 3 HRA 1998 requires strong interpretative obligations on courts ⓘ |
| involvesRight |
protection of victims of sexual offences
ⓘ
right to a fair trial ⓘ right to respect for private life ⓘ |
| isLeadingCaseOn |
fair trial rights in sexual offence prosecutions
ⓘ
rape shield provisions in English law ⓘ section 3 Human Rights Act 1998 ⓘ |
| language | English ⓘ |
| legalIssue |
admissibility of complainant’s sexual history evidence
ⓘ
compatibility of rape shield provisions with fair trial rights ⓘ interpretation of section 41 YJCEA 1999 under section 3 HRA 1998 ⓘ scope of judicial discretion to admit otherwise excluded evidence ⓘ |
| party |
A
NERFINISHED
ⓘ
R NERFINISHED ⓘ |
| subjectMatter |
criminal prosecution
ⓘ
rape trial ⓘ |
| usedAsAuthorityIn |
later rape and sexual offence trials on evidential issues
ⓘ
subsequent UK human rights jurisprudence ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.