64
[1976 c. 82. s. 5(3).]
CAP. 200] Crimes [1984 Ed.
(6) Subsection (5) shall apply in relation to a conviction of an offence tried summarily as mentioned in section 155(3), and, in so applying for references to the Court of Appeal there shall be substituted references to a judge and the reference to notice of an application for leave to appeal shall be omitted.
(7) For the purposes of this section an allegation of a rape offence or indecent assault is made if—
(a) it is made to a police officer; or
(b) a complaint is made to or an information is laid before a magistrate alleging that a person has committed a rape offence or indecent assault against the complainant; or
(c) a person appears before a magistrate or a court charged with a rape offence or indecent assault against the complainant; or
(d) a person is committed for trial at the High Court on a charge alleging a rape offence or indecent assault against the complainant; or
(e) an indictment charging a person with a rape offence or indecent assault against the complainant is preferred before the High Court,
and references in this section to an allegation of a rape offence or indecent assault shall be construed accordingly. (Replaced, 26 of 1980, s. 2)
(8) In this section—
“broadcast” means a broadcast by wireless telegraphy of sound or visual images intended for general reception;
“complainant”, in relation to an allegation of a rape offence or indecent assault, means the woman against whom the offence is alleged to have been committed; and
“written publication” includes a film, a sound track and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.
(9) Nothing in this section—
(a) prohibits the publication or broadcasting, in consequence of an allegation of a rape offence or indecent assault, of matter consisting only of a report of legal proceedings other than proceedings at, or intended to lead to, or on an appeal arising out of, a trial at which a person is charged with that offence; or
(b) affects any prohibition or restriction imposed by virtue of any other enactment upon a publication or broadcast,
and a direction in pursuance of this section does not affect the operation of subsection (1) at any time before the direction is given.
(Added, 25 of 1978, s. 4. Amended, 32 of 1979, s. 3 and 26 of 1980, s. 2)