Criminal Law (Rape) Act 1981

4

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. ]

Annotations:

Amendments:

F5

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

Editorial Notes:

E2

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.