Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether he will reform ground rules hearings to exclude the cross-examination of victims in rape trials about their sexual histories.

Section 41 regulates the admissibility of evidence or questions relating to a complainant’s sexual history. Applications to admit evidence or questions must be made in writing no later than 28 days after full prosecution disclosure and specify the particulars of the evidence or questions. If the Court allows the application, it must specify the scope of questioning or evidence permitted. A ground rules hearing is not required to do so, but may provide the forum for this process.

The Attorney General and the previous Justice Secretary commissioned a review of how section 41 is operating in practice. Ministers will consider the findings shortly.