I beg to move Amendment No. 411, in

Clause 102, page 61, line 38, at end insert—

'Recent complaint{**QC**}

9 Any rule of law under which in criminal proceedings for an offence of a sexual nature, evidence of a recent complaint is admissible as evidence of the facts complained of.'.

This is a gentle probing amendment. The clause deals with the preservation of some common-law categories of admissibility. I utterly understand the matters that are set out in the clause, but there is, as the Minister knows, the old doctrine of recent complaint. In sexual cases—it used to be in rape cases in particular—there was a common-law evidential point that related to recent complaint, which was in itself an evidential factor that the judge would direct the jury to take on board. I wonder whether the recent complaint doctrine is thought to be appropriate to be encompassed in the clause or whether there is a particular reason why it should not be.

I am grateful to the hon. Gentleman for tabling the Amendment, because it gives me a chance to clarify the exact purpose of the Clause and how the Government are approaching the issue. Broadly, there is not much difference in terms of principle, but the approach is slightly different and I will spell out why the Government have adopted this course. The clause does not make provision for the common-law exception to be preserved because clause 104 will make separate provision for such evidence to be admitted. If the hon. Gentleman looks at clause 104(4) and (7), he will find that they rationalise that area of law. They allow a prompt complaint of any offence to be admitted in certain circumstances. Where the statement is admitted, the use to which it can be

put is not restricted to supporting the credibility of the witness; it can also go to the truth of the matters in the complaint.

The restriction of the exception to sexual offences is difficult to justify because evidence of a recent complaint may be of value in any case. Furthermore, the current common-law rule means that juries are given very complicated directions about the uses to which they can put evidence of a recent complaint. For those reasons, and following the recommendations of the Law Commission, we decided not to preserve the existing common-law exception, but to create a new exception that is applicable to all offences but is essentially based on the same rationale. I hope that, in the light of that reassurance, the hon. Gentleman will withdraw the amendment.

The Minister has been typically helpful. I understand the explanation and it entirely satisfies me. I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Clause 102 ordered to stand part of the Bill.