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18 2001

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:

“Legal representation for complainants.

4A.—(1) Where an application under section 3 or 4 is made by or on behalf of an accused person who is for the time being charged with an offence to which this section applies, the complainant shall be entitled to be heard in relation to the application and, for this purpose, to be legally represented during the hearing of the application.

(2) Notice of intention to make an application under section 3 or 4 shall be given to the prosecution by or on behalf of the accused person before, or as soon as practicable after, the commencement of the trial for the offence concerned or, as the case may be, the commencement of the proceeding concerned referred to in section 4(1).

(3) The prosecution shall, as soon as practicable after the receipt by it of such a notice, notify the complainant of his or her entitlement to be heard in relation to the said application and to be legally represented, for that purpose, during the course of the application.

(4) The judge shall not hear the said application without first being satisfied that subsections (2) and (3) have been complied with.

(5) If the period between the complainant's being notified, under subsection (3), of his or her entitlements under this section and the making of the said application is not, in the judge's opinion, such as to have afforded the complainant a reasonable opportunity to arrange legal representation of the kind referred to in this section, the judge shall postpone the hearing of the application (and, for this purpose, may adjourn the trial or proceeding concerned) for a period that the judge considers will afford the complainant such an opportunity.

(6) This section applies to a rape offence and any of the following, namely, aggravated sexual assault, attempted aggravated sexual assault, aiding, abetting, counselling and procuring aggravated sexual assault or attempted aggravated sexual assault, incitement to aggravated sexual assault and conspiring to commit any of the foregoing offences.”.

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.