Criminal Law (Sexual Offences and Human Trafficking) Act 2024
|
Amendment of section 4A of Act of 1981 | ||
|
7. Section 4A of the Act of 1981 is amended— | ||
(a) in subsection (5), by the substitution of “subsection (1)” for “this section” in both places where it occurs, | ||
(b) by the insertion of the following subsections after subsection (5): | ||
“(5A) Where a judge has given leave in accordance with section 3 or 4 for any evidence to be adduced or any question to be asked, the complainant shall be entitled to be heard in relation to the evidence or the question and, for this purpose, to be legally represented during the adducing of that evidence or the asking of that question. | ||
(5B) The prosecution shall, as soon as practicable after a judge has given leave in accordance with section 3 or 4 for any evidence to be adduced or any question to be asked, notify the complainant of his or her entitlement to be heard in relation to the evidence or the question and to be legally represented, for that purpose, during the adducing of that evidence or the asking of that question. | ||
(5C) The judge shall not permit the said evidence to be adduced or the said question to be asked without first being satisfied that subsection (5B) has been complied with. | ||
(5D) If the period between the complainant’s being notified, under subsection (5B), of his or her entitlements under subsection (5A) and the adducing of the said evidence or the asking of the said question 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 subsection (5A), the judge shall postpone the adducing of the evidence or the asking of the question (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.”, | ||
and | ||
(c) by the substitution of the following subsection for subsection (6): | ||
“(6) This section applies to— | ||
(a) a sexual assault offence, | ||
(b) an offence under section 6 of the Criminal Law (Sexual Offences) Act 1993 , and | ||
(c) an offence under the Criminal Law (Sexual Offences) Act 2006 .”. |