Criminal Law (Rape) Act 1981

Anonymity of accused.

8

8. (1) After a person is charged with a rape offence no matter likely to lead members of the public to identify him as the person against whom the charge is made shall be published in a written publication available to the public or be broadcast except—

( a) as authorised by a direction given in pursuance of this section or by virtue of section 7 ( 8) ( a) as applied by subsection ( 6) of this section, or

( b) after he has been convicted of the offence.

F15 [ (2) If a person charged with a rape offence applies in that behalf to a judge of the High Court before the commencement of the trial or to the judge at the trial, the judge shall direct that subsection (1) shall not apply to the person in relation to the charge:

Provided that, if it appears to the judge that, if the direction were given, the publication of any matter in pursuance of the direction might enable members of the public to identify a person as the complainant in relation to the charge, the judge shall not give the direction unless he is satisfied that a direction could properly be given in relation to that person in pursuance of section 7 . ]

(3) If, at any stage before the commencement of a trial of a person for a rape offence, another person who is to be charged with a rape offence at the trial applies to a judge of the High Court F16 [ ] for a direction in pursuance of this subsection and satisfies the judge—

( a) that the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the trial, and

( b) that the conduct of the applicant's defence at the trial is likely to be adversely affected if the direction is not given,

the judge shall direct that subsection ( 1) shall not, by virtue of the charge alleging the offence aforesaid, apply to such matter relating to the first-mentioned person as is specified in the direction.

(4) If at a trial of a person for a rape offence another person who is also charged at the trial applies to the judge for a direction in pursuance of this subsection and satisfies the judge—

( a) that the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the trial,

( b) that the conduct of the applicant's defence is likely to be adversely affected if the direction is not given, and

( c) that there was good reason for his not having made an application under subsection ( 3) before the commencement of the trial,

the judge shall direct that subsection ( 1) shall not, by virtue of the charge alleging the offence aforesaid, apply to such matter relating to the first-mentioned person as is specified in the direction.

(5) If at a trial at which a person is charged with a rape offence the judge is satisfied that the effect of subsection ( 1) is to impose a substantial and unreasonable restriction on the reporting of proceedings at the trial and that it is in the public interest to remove or relax the restriction in respect of that person, the judge shall direct that subsection ( 1) shall not, by virtue of the charge alleging the offence aforesaid, apply to such matter relating to that person as is specified in the direction.

(6) Subsections ( 6) to ( 9) of section 7 shall have effect for the purposes of this section as if for references to that section there were substituted references to this section.

(7) If, after the commencement of a trial of a person for a rape offence, a new trial of the person for that offence is ordered, the commencement of any previous trial of that person for that offence shall be disregarded for the purposes of subsections ( 2), ( 3) and ( 4).

F17 [ (8) If, at any time after a person is charged with a rape offence, the Director of Public Prosecutions applies in that behalf to a judge of the High Court, the judge, if he is satisfied that it is in the public interest to do so, shall direct that subsection (1) shall not apply to such matter relating to the person charged with the offence as is specified in the direction. ]

Annotations:

Amendments:

F15

Substituted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32/1990), s. 14(a), commenced as per s. 22(3).

F16

Repealed (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32/1990), s. 21 and sch. ref. no. 5, commenced as per s. 22(3).

F17

Inserted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32/1990), s. 14(b), commenced as per s. 22(3).