Criminal Law (Rape) Act 1981

4

F7[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.]

Annotations

Amendments:

F7

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

Modifications (not altering text):

C4

Section applied with modifications by Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007), s. 3(3), as substituted (31.08.2024) by Criminal Law (Sexual Offences and Human Trafficking) Act 2024 (28/2024), s. 17, S.I. No. 391 of 2024.

Application of certain enactments.

3.— ...

[(3) Sections 3 and 4 of the Act of 1981 shall apply to an offence under section 6 of the Act of 1993 subject to the modification that references in those sections to "sexual assault offence" shall be construed as including references to an offence under section 6 of the Act of 1993.

(4) Sections 6, 7 and 8 of the Act of 1981 shall apply to an offence under section 6 of the Act of 1993 subject to the modification that references in those sections to "applicable offence" shall be construed as including references to an offence under section 6 of the Act of 1993.]

Editorial Notes:

E4

Previous affecting provision: application of section extended (7.03.2007) by Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007), s. 3(3), commenced on enactment; subsection substituted (31.08.2024) as per C-note above.

E5

Previous affecting provision: application of section extended (2.06.2006) by Criminal Law (Sexual Offences) Act 2006 (15/2006), s. 6(1), commenced on enactment; superseded (7.03.2007) as per E-note above.

E6

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 (1.10.2001) as per F-note above.