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Too much information? regulating disclosure of complainants’ personal records in sexual offence trials

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dc.contributor.author Leahy, Susan
dc.date.accessioned 2019-07-18T10:26:09Z
dc.date.available 2019-07-18T10:26:09Z
dc.date.issued 2016
dc.identifier.uri http://hdl.handle.net/10344/7947
dc.description peer-reviewed en_US
dc.description.abstract For sexual offence complainants, testifying is an intrusive process where they must discuss sensitive and distressing information about themselves and the incident which has occurred. Traditionally, one of the primary concerns for these complainants was that evidence of their previous sexual experiences would be introduced. The use of such evidence has been curtailed somewhat by rape shield provisions like sections 41-43 of the Youth Justice and Criminal Evidence Act 1999. However, a residual concern for sexual offence complainants is disclosure of personal records such as therapeutic or social work records at trial. Despite increasing applications for access to such material, there is no specific law to regulate such access in England. Applications are dealt with in an ad hoc manner according to the general rules on disclosure in criminal trials. This article considers the current approach to disclosure of sexual offence complainants’ personal records. Principled concerns about the admission of this information in trials are highlighted and proposals for increased regulation of the use of personal records are put forward, using Canadian law as a potential blueprint for reform. en_US
dc.language.iso eng en_US
dc.publisher Sweet and Maxwell en_US
dc.relation.ispartofseries Criminal Law review;4,pp. 229-244
dc.subject canada en_US
dc.subject Disclosure en_US
dc.subject Personal records en_US
dc.subject Privacy en_US
dc.subject Sexual offences en_US
dc.subject Victims en_US
dc.subject Witness summonses en_US
dc.title Too much information? regulating disclosure of complainants’ personal records in sexual offence trials en_US
dc.type info:eu-repo/semantics/article en_US
dc.type.supercollection all_ul_research en_US
dc.type.supercollection ul_published_reviewed en_US
dc.rights.accessrights info:eu-repo/semantics/openAccess en_US


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