judgment in R v A (No 2)

E640905

The judgment in R v A (No 2) is a leading House of Lords decision on the admissibility of a complainant’s sexual history evidence in rape trials and the impact of the Human Rights Act 1998 on such evidential rules.

All labels observed (2)

Label Occurrences
R v A (No 2) 1
judgment in R v A (No 2) canonical 1

How this entity was disambiguated

Statements (44)

Predicate Object
instanceOf House of Lords case ⓘ
United Kingdom criminal law case ⓘ
evidence law case ⓘ
judicial decision ⓘ
leading authority ⓘ
rape law case ⓘ
alsoKnownAs R v A (No 2) ⓘ
appliesStatute Human Rights Act 1998 ⓘ
Youth Justice and Criminal Evidence Act 1999 ⓘ
concernsAreaOfLaw criminal evidence ⓘ
human rights law ⓘ
rape law ⓘ
statutory interpretation ⓘ
concernsProvision Article 3 European Convention on Human Rights ⓘ
Article 6 European Convention on Human Rights ⓘ
Article 8 European Convention on Human Rights ⓘ
section 3 Human Rights Act 1998 ⓘ
section 41 Youth Justice and Criminal Evidence Act 1999 ⓘ
country United Kingdom ⓘ
effectOnLaw expanded judicial discretion to admit relevant sexual history evidence ⓘ
strengthened use of section 3 HRA 1998 to read legislation compatibly with Convention rights ⓘ
hasCourt House of Lords ⓘ
hasJurisdiction England and Wales ⓘ
holds a declaration of incompatibility should be avoided if a conforming interpretation is possible ⓘ
courts must interpret section 41 YJCEA 1999 compatibly with Article 6 ECHR where possible ⓘ
evidence of a complainant’s prior sexual relationship with the defendant may be admissible where necessary for a fair trial ⓘ
section 3 HRA 1998 requires strong interpretative obligations on courts ⓘ
involvesRight protection of victims of sexual offences ⓘ
right to a fair trial ⓘ
right to respect for private life ⓘ
isLeadingCaseOn fair trial rights in sexual offence prosecutions ⓘ
rape shield provisions in English law ⓘ
section 3 Human Rights Act 1998 ⓘ
language English ⓘ
legalIssue admissibility of complainant’s sexual history evidence ⓘ
compatibility of rape shield provisions with fair trial rights ⓘ
interpretation of section 41 YJCEA 1999 under section 3 HRA 1998 ⓘ
scope of judicial discretion to admit otherwise excluded evidence ⓘ
party A ⓘ
R ⓘ
subjectMatter criminal prosecution ⓘ
rape trial ⓘ
usedAsAuthorityIn later rape and sexual offence trials on evidential issues ⓘ
subsequent UK human rights jurisprudence ⓘ

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Lord Steyn → notableWork → judgment in R v A (No 2) ⓘ
judgment in R v A (No 2) → alsoKnownAs → R v A (No 2) ⓘ
linked to: judgment in R v A (No 2)