Criminal Law (Rape) Act 1981

F6 [ Legal representation for complainants.

4A

4A. (1) Where an application under section 3 or 4 is made by or on behalf of an accused person who is for the time being charged with an offence to which this section applies, the complainant shall be entitled to be heard in relation to the application and, for this purpose, to be legally represented during the hearing of the application.

(2) Notice of intention to make an application under section 3 or 4 shall be given to the prosecution by or on behalf of the accused person before, or as soon as practicable after, the commencement of the trial for the offence concerned or, as the case may be, the commencement of the proceeding concerned referred to in section 4(1) .

(3) The prosecution shall, as soon as practicable after the receipt by it of such a notice, notify the complainant of his or her entitlement to be heard in relation to the said application and to be legally represented, for that purpose, during the course of the application.

(4) The judge shall not hear the said application without first being satisfied that subsections (2) and (3) have been complied with.

(5) If the period between the complainant's being notified, under subsection (3) , of his or her entitlements under this section and the making of the said application is not, in the judge's opinion, such as to have afforded the complainant a reasonable opportunity to arrange legal representation of the kind referred to in this section, the judge shall postpone the hearing of the application (and, for this purpose, may adjourn the trial or proceeding concerned) for a period that the judge considers will afford the complainant such an opportunity.

(6) This section applies to a rape offence F7 [ , an offence under the Criminal Law (Sexual Offences) Act 2006 ] , F8 [ an offence under section 6 of the Criminal Law (Sexual Offences) Act 1993 ] and any of the following, namely, aggravated sexual assault, attempted aggravated sexual assault, aiding, abetting, counselling and procuring aggravated sexual assault or attempted aggravated sexual assault, incitement to aggravated sexual assault and conspiring to commit any of the foregoing offences. ]

Annotations:

Amendments:

F6

Inserted (27.09.2001) by Sex Offenders Act 2001, s. 34, S.I. No. 426 of 2001.

F7

Inserted (2.06.2006) by Criminal Law (Sexual Offences) Act 2006, s. 6(2), commenced on enactment.

F8

Inserted (7.03.2007) by Criminal Law (Sexual Offences) (Amendment) Act 2007, s. 3(1), commenced on enactment.