QLDIn ForceAct
Evidence Act 1977
sec.103ZZPDefence to prosecution for offence against s 103ZZN —adult gives consent to defendant
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### sec.103ZZP Defence to prosecution for offence against s 103ZZN —adult gives consent to defendant
It is a defence to a prosecution for an offence against section 103ZZN for the defendant to prove that—
the publication was about a complainant who—
had consented in writing to the defendant for the defendant to publish the information; and
was an adult at the time the consent was given; and
the publication was in accordance with the limits, if any, set by the complainant; and
the publication does not identify, and is not likely to lead to the identification of—
another person against whom a sexual offence is alleged to have been committed (other than the person charged with or convicted of the sexual offence against the complainant); or
a child who is a complainant, defendant or witness in a criminal proceeding about the sexual offence alleged to have been committed against the complainant.
s 103ZZP ins 2024 No. 5 s 69
- (a) the publication was about a complainant who— (i) had consented in writing to the defendant for the defendant to publish the information; and (ii) was an adult at the time the consent was given; and
- (i) had consented in writing to the defendant for the defendant to publish the information; and
- (ii) was an adult at the time the consent was given; and
- (b) the publication was in accordance with the limits, if any, set by the complainant; and
- (c) the publication does not identify, and is not likely to lead to the identification of— (i) another person against whom a sexual offence is alleged to have been committed (other than the person charged with or convicted of the sexual offence against the complainant); or (ii) a child who is a complainant, defendant or witness in a criminal proceeding about the sexual offence alleged to have been committed against the complainant.
- (i) another person against whom a sexual offence is alleged to have been committed (other than the person charged with or convicted of the sexual offence against the complainant); or
- (ii) a child who is a complainant, defendant or witness in a criminal proceeding about the sexual offence alleged to have been committed against the complainant.
- (i) had consented in writing to the defendant for the defendant to publish the information; and
- (ii) was an adult at the time the consent was given; and
- (i) another person against whom a sexual offence is alleged to have been committed (other than the person charged with or convicted of the sexual offence against the complainant); or
- (ii) a child who is a complainant, defendant or witness in a criminal proceeding about the sexual offence alleged to have been committed against the complainant.