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“Proceedings under Part IA of the
Criminal Procedure Act, 1967
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4.—(1) In a proceeding under Part IA of the
Criminal Procedure Act, 1967
, relating to—
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(a) the dismissal of a charge of a sexual assault offence, or
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(b) the taking of a person's evidence by way of deposition in the case of a sexual assault offence.
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then, except with leave of the judge conducting the proceeding, evidence shall not be adduced and a question shall not be asked which, if the proceeding were a trial such as is mentioned in section 3(1), could not be adduced or asked without leave in pursuance of that section.
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(2) On an application for leave the judge shall—
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(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
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(b) give leave if he is so satisfied.
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(3) Section 3(3) shall apply to an application under subsection (2) of this section.”.
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