339. Application of Division

339. Application of Division

(1) This Division applies to a criminal proceeding that relates (wholly or partly) to a charge for a sexual offence.

(2) This Division applies to all complainants in a criminal proceeding referred to in subsection (1).

(3) This Division applies despite anything in this or any other Act or any rule of law to the contrary.

See commentary at s 338 regarding the insertion of Part 8.2.

Division 2 alters the operation of the Evidence Act 2008. While other jurisdictions which share a UEA also have similar provisions, the inclusion of modifying legislation does (to some extent) thwart the stated ambition of the UEA to bring coherence and consistency to evidence law across jurisdictions.

Even if sub-section (3) did not accomplish the same objective, Section 8 of the Evidence Act 2008 provides that the Evidence Act does not affect the operation of any other Act.