Criminal Law (Rape) Act, 1981
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Preliminary examination. |
4.—(1) Where a justice of the District Court conducts a preliminary examination of a charge of a rape offence, then, except with the leave of the justice, evidence shall not be adduced and a question shall not be asked at the examination which, if the examination were a trial such as is mentioned in section 3 (1), could not be adduced or asked without leave in pursuance of that section. | |
(2) On an application for leave the justice shall— | ||
(a) refuse leave unless he is satisfied that leave in respect of the evidence or question would be likely to be given at such a trial, or | ||
(b) give leave if he is so satisfied. | ||
(3) Section 3 (3) shall apply to an application under subsection (2) of this section with the substitution, for references to the judge, of references to the justice. |