Page:Sexual Offences (Amendment) Act 1992.pdf/2

2c. 34 (4) Nothing in this section prohibits the publication or inclusion in a relevant programme of matter consisting only of a report of criminal 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 the offence.

2.—(1) This Act applies to the following offences—
 * (a) any offence under any of the provisions of the Sexual Offences Act 1956 mentioned in subsection (2);
 * (b) any offence under section 128 of the Mental Health Act 1959 (intercourse with mentally handicapped person by hospital staff etc.);
 * (c) any offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child);
 * (d) any offence under section 54 of the Criminal Law Act 1977 (incitement by man of his grand-daughter, daughter or sister under the age of 16 to commit incest with him);
 * (e) any attempt to commit any of the offences mentioned in paragraphs (a) to (d).

(2) The provisions of the Act of 1956 are—
 * (a) section 2 (procurement of a woman by threats);
 * (b) section 3 (procurement of a woman by false pretences);
 * (c) section 4 (administering drugs to obtain intercourse with a woman);
 * (d) section 5 (intercourse with a girl under the age of 13);
 * (e) section 6 (intercourse with a girl between the ages of 13 and 16);
 * (f) section 7 (intercourse with a mentally handicapped person);
 * (g) section 9 (procurement of a mentally handicapped person);
 * (h) section 10 (incest by a man);
 * (i) section 11 (incest by a woman);
 * (j) section 12 (buggery);
 * (k) section 14 (indecent assault on a woman);
 * (l) section 15 (indecent assault on a man);
 * (m) section 16 (assault with intent to commit buggery).

3.—(1) If, before the commencement of a trial at which a person is charged with an offence to which this Act applies, he or another person against whom the complainant may be expected to give evidence at the trial, applies to the judge for a direction under this subsection and satisfies the judge—
 * (a) that the direction is required for the purpose of inducing persons who are likely to be needed as witnesses at the trial to come forward: and
 * (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 section shall not, by virtue of the accusation alleging the offence in question, apply in relation to the complainant.