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SEX OFFENDERS ACT, 2001
PART 6 Miscellaneous | ||||
Amendment of Criminal Law (Rape) Act, 1981. |
34. —The Criminal Law (Rape) Act, 1981 , is hereby amended by the insertion after section 4 of the following section: | |||
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Further amendments of Civil Legal Aid Act, 1995. |
35. —(1) In this section “the Act of 1995” means the Civil Legal Aid Act, 1995 . | |||
(2) In addition to the meaning assigned to that expression by section 27 of the Act of 1995, “legal aid” in the Act of 1995 means representation by a solicitor or barrister, engaged by the Legal Aid Board under section 11 of that Act, on behalf of a complainant in relation to an application referred to in section 4A of the Criminal Law (Rape) Act, 1981 , that concerns the complainant. | ||||
(3) Section 28 of the Act of 1995 is hereby amended by the insertion of the following subsection after subsection (5): | ||||
“(5A) Notwithstanding any other provision of this Act, the Board shall grant a legal aid certificate to a complainant for the purpose of his or her being represented in relation to an application referred to in section 4A of the Criminal Law (Rape) Act, 1981 , that concerns him or her.”. | ||||
Proof of foreign conviction in certain cases. |
36. —(1) In proceedings against a person for an offence under— | |||
(a) section 12 (where the person is a person referred to in section 13 (1)), or | ||||
(b) section 26 (where the person is a person referred to in subsection (2), (5) or (6) of that section and falls within subsection (3)(b) of that section), | ||||
the production to the court of a document that satisfies the condition referred to in subsection (2) and which purports to contain either or both— | ||||
(i) particulars of the conviction in a state, other than the State, of that person for an offence and of the act constituting the offence, | ||||
(ii) a statement that, on a specified date, that person was subject to the first-mentioned requirement in section 13 (1)(b)(ii), | ||||
shall, without further proof, be evidence, until the contrary is shown, of the matters stated in it. | ||||
(2) The condition mentioned in subsection (1) is that the document concerned purports to be signed or certified by a judge, magistrate or officer of the state referred to in that subsection and to be authenticated by the oath of some witness or by being sealed with the official seal of a minister of state of that state (judicial notice of which shall be taken by the court). | ||||
(3) That condition shall be regarded as being satisfied without proof of the signature or certification, and the authentication of it, that appears in or on the document. | ||||
Amendment of section 2 of Act of 1990. |
37. —(1) Section 2 of the Act of 1990 is amended by the substitution of the following subsection for subsection (2): | |||
“(2) (a) A person guilty of sexual assault shall be liable on conviction on indictment— | ||||
(i) in case the person on whom the assault was committed was a child, to imprisonment for a term not exceeding 14 years, and | ||||
(ii) in any other case, to imprisonment for a term not exceeding 10 years. | ||||
(b) In this subsection ‘child’ means a person under 17 years of age. | ||||
(2) The amendment effected by subsection (1) shall apply to sexual assaults committed after the commencement of this section. |