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[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.
© 1978 Crown Copyright
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