Page:Sexual Offences (Amendment) Act 1992.pdf/3

Rh (2) If at a trial the judge is satisfied—
 * (a) that the effect of section 1 is to impose a substantial and unreasonable restriction upon the reporting of proceedings at the trial, and
 * (b) that it is in the public interest to remove or relax the restriction,

he shall direct that that section shall not apply to such matter as is specified in the direction.

(3) A direction shall not be given under subsection (2) by reason only of the outcome of the trial.

(4) If a person who has been convicted of an offence and has given notice of appeal against the conviction, or notice of an application for leave so to appeal, applies to the appellate court for a direction under 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 section 1 shall not, by virtue of an accusation which alleges an offence to which this Act applies and is specified in the direction, apply in relation to a complainant so specified.

(5) A direction given under any provision of this section does not affect the operation of section 1 at any time before the direction is given.

(6) In subsections (1) and (2), “judge” means—
 * (a) in the case of an offence which is to be tried summarily or for which the mode of trial has not been determined, any justice of the peace acting for the petty sessions area concerned; and
 * (b) in any other case, any judge of the Crown Court.

(7) If, after the commencement of a trial at which a person is charged with an offence to which this Act applies, a new trial of the person for that offence is ordered, the commencement of any previous trial shall be disregarded for the purposes of subsection (1).

4.—(1) In this section—
 * “section 10 offence” means an offence under section 10 of the Sexual Offences Act 1956 (incest by a man) or an attempt to commit that offence;
 * “section 11 offence” means an offence under section 11 of that Act (incest by a woman) or an attempt to commit that offence;
 * “section 12 offence” means an offence under section 12 of that Act (buggery) or an attempt to commit that offence.

(2) Section does not apply to a woman against whom a section 10 offence is alleged to have been committed if she is accused of having committed a section 11 offence against the man who is alleged to have committed the section 10 offence against her.

(3) Section 1 does not apply to a man against whom a section 11 offence is alleged to have been committed if he is accused of having committed a section 10 offence against the woman who is alleged to have committed the section 11 offence against him.