Questioning of complainants by unrepresented accused in sexual offence trials    

Reference received: ​28 March 2002

Report

​​Report 101: Questioning of complainants by unrepresented accused in sexual offence trials, June 2003

Tabled in parliament: 2 September 2003

NSW Law Reform Commission Media Release - Questioning of Complainants by unrepresented accused in sexual offence trials (17 July 2003)

Legislative action: Criminal Procedure Amendment (Sexual Offence Evidence) Act 2003; Criminal Procedure Amendment (Sexual Offence Evidence) Act 2004​ ​

Judicial citation: R v Khan [2003] NSWSC 849 at para 7; R v MSK (2004) NSWLR 204 (CCA) at para 23; Clark v R [2008] NSWCCA 122, [42]​​

Issues paper

​Issues Paper 22: Questioning of complainants by unrepresented accused in sexual assault trials, August 2002

NSW Law Reform Commission Media Release - Reducing the trauma of sexual assault trials (25 September 2002)

Journal articles

Paul Gye, "Muzzling or Mercy?: new law on the unrepresented defendant's right to examine the alleged victim in sex crimes cases" [2003] 19ALMD Advance 4

Terms of reference

Whether an unrepresented accused in a sexual offence trial should be permitted to cross-examine a complainant. Specifically, whether courts should have the power to appoint a person other than an unrepresented accused to cross-examine complainants in sexual offence cases whether or not the accused consents.