(1) In the course of a sentencing hearing, the
court must not grant leave under section 342 unless
it is satisfied that the evidence has substantial relevance to the issue of appropriate sentence and the offender—
(a) has pleaded guilty to all sexual offences charged against the offender; or
(b) has been found guilty of all sexual offences charged against the offender.
S. 350(2) inserted by No. 30/2010 s. 65.
(2) In determining, under subsection (1), whether the evidence has substantial relevance to the issue of appropriate sentence, the court must have regard to—
(a) whether the probative value of the evidence outweighs the distress, humiliation and embarrassment that the complainant may experience as a result of the cross-examination or the admission of the evidence, in view of the age of the complainant and the number and nature of the questions that the complainant is likely to be asked; and
(b) the need to respect the complainant's personal dignity and privacy.
Section 352 limits the relevance of sexual history evidence.
New s. 351 inserted by No. 68/2009 s. 50.