1964_CRIMES_ORDINANCE — Page 64

1984 Ed.]

Crimes

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

the judge shall direct that subsection (1) shall not, by virtue of the accusation alleging the offence aforesaid, apply in relation to the complainant.

(3) If after the commencement of a trial at which a person is (1976 c. 82, s. 5(2)) charged with a rape offence or indecent assault 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).

(3A) A direction that subsection (1) shall not apply in relation to such complaint or such matter as is specified in the direction may be given, where it is necessary for the purpose of seeking information which may lead to the arrest of a person responsible for an alleged rape offence or indecent assault, or is for any other reason in the public interest-

(a) by a police officer of the rank of Senior Superintendent or above, where the complainant consents in writing to such a direction being given; or

(b) by the Attorney General in any other case,

and notice of any such direction shall be published in the Gazette. ( Added, 26 of 1980, s. 2)

(4) If at a trial at which a person is charged with a rape offence or indecent assault the judge or, as the case may be, the District Judge, magistrate or juvenile court, is satisfied that the effect of subsection (1) is to impose a substantial and unreasonable restric- tion upon the reporting of proceedings at the trial and that it is in the public interest to remove or relax the restriction, the judge or, as the case may be, the District Judge, magistrate or juvenile court, 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.

(5) 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

(b) 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 such allegation of a rape offence or indecent assault as is specified in the direction, apply in relation to a complainant so specified.