Sec. 4 CRIMINAL LAW (RAPE) ACT, 1981

Preliminary examination.

Preliminary examination.

4

4.—(1) Where a justice of the District Court conducts a preliminary examination of a charge of a rape offence, then, except with the leave of the justice, evidence shall not be adduced and a question shall not be asked at the examination which, if the examination were a trial such as is mentioned in section 3 (1), could not be adduced or asked without leave in pursuance of that section.

(2) On an application for leave the justice shall—

(a) refuse leave unless he is satisfied that leave in respect of the evidence or question would be likely to be given at such a trial, or

(b) give leave if he is so satisfied.

(3) Section 3 (3) shall apply to an application under subsection (2) of this section with the substitution, for references to the judge, of references to the justice.

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