11976 c. 62.
4. 502).1
(1976 & 81. L 201
(3) If after the commencement of a trial at which a person is charged with a rape offence a new trial of the person for that offence is ordered, the commencement of any previous trial at which he was charged with that offence shall be disregarded for the purposes of subsection (2).
(4) If at a trial before the High Court at which a person in charged with a rape offence the judge is satisfied that the effect of subsection (1) is to impose a substantial and unreasonable restriction upon the reparting of proceed- ings at the trial and that it is in the public interest to remove or relax the restriction, be shall direct that subsection (1) shall not apply to such matter relating to the complainant as is specified" in the direction; but a direction shall not be given in pursuance of this subsection by reason only of an acquittal of a defendant at the trial.
(9) If a person who has been convicted of an offence and given notice of an appeal to the Court of Appeal against the conviction, or notice of an application for leave so to appeal, applies to the Court of Appeal for a direction in pursuance of this subsection and satisfies the Court-
(a) that the direction is required for the purpose of
obtaining evidence in support of the appeal; and (8) that the applicant is likely to suffer substantial
injustice if the direction is not given,
the Court shall direct that subsection (1) shall not, by virtue of an accusation which alleges a rape offence and is specified in the direction, apply in relation to a complainant so specified.
(6) Subsection (5) shall apply in relation to a convic tion 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 a person is accused of a rape offence if-
(4) a complaint is made to or an information is laid before a magistrate alleging that such person has commilled a rape offence; or
(b) he appears before a magistrate or a court charged
with a rape offence; or
(c) a magistrate before whom he is appearing commits him for trial at the High Court on a new charge alleging a rape offence; or
(d) an indictment charging him with a rape offence is
preferred before the High Court,
and references in this section to an accusation alleging a rape offence shall be construed accordingly.
(8) In this section-
"broadcast" means a broadcast by wireless telegraphy of sound or visual images intended for general reception; "complainant". in relation to a person accused of a raps offence or an accusation alleging a rape offence, means the woman against whom the offence is alleged to have been committed; and
Cucosa and peaceedings. (1976. 82. 1. 405), 564)- 05. 60624
5
"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 con- sequence of an accusation alleging a rape offence, 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 the accused is charged with that offence; ur (b) affects any prohibition or restriction imposed by virtue of any other enactment upon a públication or broadcast.
and a direction in pursuance of this section does not affect the operation of subsection (I) at any time before the direc- tion is given.
157. (1) Lf any matter is published or broadcast in contravention of section 156(1), the following persONS, Damely--
(a) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;
(5) in the case of any other publication, the person
who publishes it; and
(c) in the case of a broadcast, any body corporale which transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme correspood- ing to those of an editor of a newspaper, shall be guilty of an offence and shall be liable on convic- tion to a fine of $10,000 and to imprisonment for 6 months.
(2) When an offence under subsection (1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate of any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
(3) Where the affairs of a body corporate are managed by its members subsection (2) shall apply in relation to the acts and defaults of a member in connexion with his func- tions of management as if he were a director of the body corporate.
(4) Proceedings for an offence under subsection (1) (including such an offence which is alleged to have beed committed by virtue of subsection (2), whether or not by virtue also of subsection (3)) shall not be instituted except by or with the consent of the Attorney General; and where a person is charged with such an offence it shall be a defence to prove that at the time of the alleged offence be was not aware, and neither suspected nor had reason to suspect, that the publication or broadcast in question was of such matter as is mentioned in section 156(1)