LEV3701 LAW OF EVIDENCE ASSIGNMENT 1 Semester 1

MODULE: LEV3701 ASSIGNMENT 1 1.1 What does section 227 of the Criminal Procedure Act 51 of 1977 state about the court’s function when evidence of the character of a complainant is to be led in cases of an indecent nature? No evidence as to any previous sexual experience or conduct of any person against or in connection with whom a sexual offence is alleged to have been committed, shall be adduced, and no evidence or question in cross-examination regarding such sexual experience or conduct, shall be put to such person, the accused or any other witness at the proceedings pending before the court, unless the court has, upon application by any party to the proceedings, granted leave to adduce such evidence or to put such question or such evidence has been introduced by the prosecution. Before an application for leave is heard, the court may direct that any person, including the complainant, whose presence is not necessary may not be at the proceedings. The court shall grant an application only if it is satisfied that such evidence or questioning is relevant to the proceedings pending before the court. Section 227(5) introduced factors which the court must consider in determining whether evidence or questioning is relevant to the proceedings pending before the court. The court shall take into account whether such evidence or questioning – is in the interest of justice, with due regard to the accused’s right to a fair trial; is in the interest of society in encouraging the reporting of sexual offences;  relates to a specific instance of sexual activi