The 'stand and face the dock' jury empanelment procedure may constitute a fundamental irregularity if the time jurors face the dock is insufficient for the accused to view their faces and consult with their solicitor before jurors enter the jury box. Context evidence of uncharged sexual acts that is markedly different from the charged conduct and cannot be connected to the complainant's account has little probative value and should be excluded under s 137 of the Evidence Act 2008 where there is a real risk of improper tendency reasoning. A complaint made after initial denials in a highly charged atmosphere of anger, upset and fear of custody loss is significantly undermined in reliability.
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