Practice and Procedure

R v S (2009)

PUBLISHED November 24, 2009

[2009] EWCA Crim 2457

In the context of the Criminal Justice Act 2003 s.100 , the word "substantial" meant that the evidence concerned had something more than trivial probative value but it was not necessarily of conclusive probative value. Where evidence showed that the complainant in a case of alleged rape had made false allegations of sexual misconduct against another person, that evidence would have substantial probative value in relation to the central issue of her credibility and therefore consent.

CA (Crim Div) (Aikens LJ, Penry-Davey J, Sharp J)