The noble Baroness, Lady Bennett, is right. This is about sexual assault on anybody, whatever gender they are.
Does the right reverend Prelate want to intervene? Oh, I am sorry; they are leaving, for fear that it will never end.
Amendment 287 defines consent so that there is clarity about what is meant by consent in the new section of the Youth, Justice and Criminal Evidence Act 1999.
Amendment 288 is a procedural requirement. This proposed new clause would have the effect that no Section 41 evidence or questions—that is, about sexual conduct with a third party—could be admitted by a judge at trial unless there had been an application before trial in accordance with practice directions, and would ban applications being made immediately before or during the trial. It is an important procedural safeguard to ensure that the complainant will know before the trial starts what he, she or they may face.
Amendment 289 would insert a new clause to give the complainant a right of representation with legal aid, if they are financially eligible, to oppose any application to admit Section 41 material about them—that is, material about sexual conduct with a third party. This new clause would also give complainants a right of appeal to the Court of Appeal if the application is allowed in whole or in part. The new clause provides that the complainant is not compellable as a witness at the application. The purpose of these provisions is to recognise that the complainant should be treated as a party, rather than as an outsider, to the proceedings on issues of the extent to which his, her or their past is to be gone through in the trial, and it is perfectly legitimate.
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Amendment 290 requires the Secretary of State to collect and report to Parliament data and information on trial delays and in how many trials evidence about sexual conduct with a third party has been admitted. It is important for us to know that, so that people can have some picture, research can be done and policy can be properly informed in relation to issues relating to how trials of sexual violence are dealt with.
Amendment 291 would insert a new clause to ensure that all criminal justice agencies are trained and that no judge could hear a sexual offence trial of any kind unless they have attended the Judicial College and been given a serious sexual offence course. I have put that in only so that the Minister—I think it will be the noble and learned Minister who will answer—can say that that is, in effect, the position at the moment in relation to judges. It is probing, in effect, to ensure that there is a statement about the fact that the judiciary in England and Wales will hear serious sexual violence cases only if they have been given a ticket which means they have gone through a training course.
I apologise for not opening these issues before. They are very important and I hope I have assisted the Committee.