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SEXUAL OFFENCES (NORTHERN IRELAND) ORDER 1978

SEXUAL OFFENCES (NORTHERN IRELAND) ORDER 1978 - LONG TITLE

[21st March 1978]
[{1}Court of Appeal] in Article 6(4) there shall be substituted
references to the county court and the reference to notice of an
application for leave to appeal shall be omitted. B>(3) Proceedings
for an offence under Article 6(5) 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 he 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 Article
6(1). B Anonymity of defendants in rape offence cases A> 8. (1)
After a person is accused of a rape offence no matter likely to
lead members of the public to identify him as the person against
whom the accusation is made shall either be published in Northern
Ireland in a written publication available to the public or be
broadcast in Northern Ireland except C >>( a ) as authorised by a
direction given in pursuance of this Article or by Article 6(7)( a
) as applied by paragraph (5); or C >>( b ) after he has been
convicted of the offence at a trial. B>(2) If a person accused of
a rape offence applies to a magistrates' court, before the
commencement of his trial for that offence, for a direction under
this paragraph, the court shall direct that paragraph (1) shall not
apply to him in consequence of the accusation; and if at a trial
at which a person is charged with a rape offence in respect of
which he has not obtained such a direction C >>( a ) the judge
is satisfied that the effect of paragraph (1) is to impose a
substantial and unreasonable restriction on the reporting of
proceedings at the trial and that it is in the public interest to
remove the restriction in respect of that person; or C >>( b )
that person applies to the judge for a direction under this
paragraph, Bthe judge shall direct that paragraph (1) shall not
apply to that person in consequence of the accusation alleging that
offence. B>(3) If, before the commencement of a trial at which a
person is charged with a rape offence, another person who is to be
charged with a rape offence at the trial applies to a judge of
the [{1}Crown Court]
for a direction under this paragraph and satisfies the judge

(a)that the direction is required for the purpose of inducing
persons to come forward who are likely to be needed as witnesses
at the trial; 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,

(4) A direction of a court under section 59 of the Children and
Young Persons Act (Northern Ireland) 1968 (which imposes restrictions
on reports of certain court proceedings concerning juveniles) may
include a direction that paragraph (1) shall not apply to a person
in respect of whom the direction is given.

(5) Paragraphs (5) to (7) of Article 6 shall have effect for the
purposes of this Article as if for references to that Article there
were substituted references to this Article; and

(a)in Article 7(1) the reference to the purposes of Article 6(2)
shall be construed as including a reference to the purposes of
paragraphs (2) and (3) of this Article; and

(b)in relation to a person charged under this paragraph with such
an offence as is mentioned in paragraph (3) of Article 7, that
paragraph shall have effect as if for the reference to Article 6(1)
there were substituted a reference to paragraph (1) of this Article.