QLDIn ForceAct
Evidence Act 1977
sec.103ZZUSection 103ZZN does not apply if ordered by Supreme Court upon application by offender
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### sec.103ZZU Section 103ZZN does not apply if ordered by Supreme Court upon application by offender
This section applies to a person (the offender ) who—
has been convicted of a sexual offence; and
has given the Court of Appeal a notice of appeal against the conviction or a notice of application for leave to appeal against the conviction.
The offender may apply to the Supreme Court for an order that section 103ZZN does not apply in relation to a complainant.
The Supreme Court may make an order under subsection (2) if the court is satisfied that—
the order is required for the purpose of obtaining evidence in support of the appeal; and
the offender is likely to suffer substantial injustice if the order is not made.
The complainant has standing to be heard in relation to the making of the order.
In deciding whether to make the order, the Supreme Court must have regard to—
any views and wishes of the complainant, whether or not the complainant appears before the court under subsection (4) ; and
any views and wishes of any other complainants in the criminal proceeding in which the offender was convicted.
s 103ZZU ins 2024 No. 5 s 69
(sec.103ZZU-ssec.1) This section applies to a person (the offender ) who— has been convicted of a sexual offence; and has given the Court of Appeal a notice of appeal against the conviction or a notice of application for leave to appeal against the conviction.
(sec.103ZZU-ssec.2) The offender may apply to the Supreme Court for an order that section 103ZZN does not apply in relation to a complainant.
(sec.103ZZU-ssec.3) The Supreme Court may make an order under subsection (2) if the court is satisfied that— the order is required for the purpose of obtaining evidence in support of the appeal; and the offender is likely to suffer substantial injustice if the order is not made.
(sec.103ZZU-ssec.4) The complainant has standing to be heard in relation to the making of the order.
(sec.103ZZU-ssec.5) In deciding whether to make the order, the Supreme Court must have regard to— any views and wishes of the complainant, whether or not the complainant appears before the court under subsection (4) ; and any views and wishes of any other complainants in the criminal proceeding in which the offender was convicted.
- (a) has been convicted of a sexual offence; and
- (b) has given the Court of Appeal a notice of appeal against the conviction or a notice of application for leave to appeal against the conviction.
- (a) the order is required for the purpose of obtaining evidence in support of the appeal; and
- (b) the offender is likely to suffer substantial injustice if the order is not made.
- (a) any views and wishes of the complainant, whether or not the complainant appears before the court under subsection (4) ; and
- (b) any views and wishes of any other complainants in the criminal proceeding in which the offender was convicted.