Criminal Law (Rape) Act 1981

Exclusion of the public.

6

F11 [ 6. (1) Subject to subsections (2) , (3) and (4) , in any proceedings for a rape offence or the offence of aggravated sexual assault or attempted aggravated sexual assault or of aiding, abetting, counselling or procuring the offence of aggravated sexual assault or attempted aggravated sexual assault or of incitement to the offence of aggravated sexual assault or conspiracy to commit any of the foregoing offences, 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.

F12 [ (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. ]

(4) In any proceedings to which subsection (1) applies the verdict or decision and the sentence (if any) shall be announced in public. ]

F13 [ (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:

F11

Substituted and inserted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32/1990), s. 11, commenced as per s. 22(3).

F12

Substituted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 29(a), S.I. No. 530 of 2017.

F13

Inserted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017(28/2017), s. 29(b), S.I. No. 530 of 2017.