Criminal Law (Rape) Act 1981


F5[Proceedings under Part IA of the Criminal Procedure Act, 1967.

4.(1) In a proceeding under Part IA of the Criminal Procedure Act, 1967, relating to

(a) the dismissal of a charge of a sexual assault offence, or

(b) the taking of a person's evidence by way of deposition in the case of a sexual assault offence.

then, except with leave of the judge conducting the proceeding, evidence shall not be adduced and a question shall not be asked which, if the proceeding were a trial such as is mentioned in section 3(1), could not be adduced or asked without leave in pursuance of that section.

(2) On an application for leave the judge shall

(a) refuse leave unless he is satisfied that leave in respect of the evidence or question would be likely to be given at such a trial, or

(b) give leave if he is so satisfied.

(3) Section 3(3) shall apply to an application under subsection (2) of this section.]




Substituted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 15, S.I. No. 193 of 2001.

Editorial Notes:


Previous affecting provision: subs. (1) amended (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32/1990), s. 17(1), commenced as per s. 22(3); substituted as per F-note above.