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. ]