Criminal Law (Rape) Act 1981
Exclusion of the public.
F14[6.—(1) F15[Subject to subsections (2), (3) and (3A), in any proceedings for an applicable offence,] the judge, the justice or the court, as the case may be, shall exclude from the court during the hearing all persons except officers of the court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons (if any) as the judge, the justice or the court, as the case may be, may in his or its discretion permit to remain.
(2) Subject to subsection (3), during the hearing of an application under section 3 (including that section as applied by section 5) or under section 4 (2), the judge, the justice or the court, as the case may be, shall exclude from the court all persons except officers of the court and persons directly concerned in the proceedings.
F16[(3) Subsections (1) and (2) are without prejudice to the right of—
(a) a parent, relative or friend of the complainant or, where the accused is not of full age, of the accused, or
(b) a support worker chosen by the complainant,
to remain in court.]
F17[(3A) This section shall not apply to the hearing of proceedings to which section 94 of the Act of 2001 applies.]
(4) F18[…]]
F19[(5) In this section, "support worker" means a volunteer of, or an individual employed under a contract of service or under a contract for services by, an organisation which provides support to victims of crime.]
Annotations
Amendments:
F14
Substituted and inserted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32/1990), s. 11, commenced as per s. 22(3).
F15
Substituted (31.08.2024) by Criminal Law (Sexual Offences and Human Trafficking) Act 2024 (28/2024), s. 9(a), S.I. No. 391 of 2024.
F16
Substituted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 29(a), S.I. No. 530 of 2017.
F17
Inserted (31.08.2024) by Criminal Law (Sexual Offences and Human Trafficking) Act 2024 (28/2024), s. 9(b), S.I. No. 391 of 2024.
F18
Deleted (31.08.2024) by Criminal Law (Sexual Offences and Human Trafficking) Act 2024 (28/2024), s. 9(c), S.I. No. 391 of 2024.
F19
Inserted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 29(b), S.I. No. 530 of 2017.
Modifications (not altering text):
C5
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:
E9
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; substituted (31.08.2024) as per C-note above.
E10
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; substituted (7.03.2007) as per E-note above.