means an offence under sexual offence S. 4(1) def. of subdivision (8A), (8B), (8C), (8E), sexual offence (8F) or (8FA) of Division 1 of Part I inserted by of the Crimes Act 1958 or under any No. 8/1991 s. 18(a), corresponding previous enactment or amended by an attempt to commit any such offence No. 47/2016 s. 40. or an assault with intent to commit any such offence. S. 4(1A) (1A) A person who publishes or causes to be published inserted by any matter that contains any particulars likely to No. 8/1991 s. 18(a), lead to the identification of a person against whom amended by a sexual offence, or an offence where the conduct No. 33/1994 constituting it consists wholly or partly of taking s. 17(3). part, or attempting to take part, in an act of sexual penetration as defined in section 35 of the Crimes Act 1958, is alleged to have been committed is guilty of an offence, whether or not a proceeding in respect of the alleged offence is pending in a court. (1B) If a proceeding in respect of the alleged offence is S. 4(1B) inserted by not pending in a court at the relevant time, it is a No. 8/1991 defence to a charge under subsection (1A) for the s. 18(a). accused to prove— S. 4(1B)(a) (a) that no complaint about the alleged offence amended by had been made to a police officer before that No. 37/2014 s. 10(Sch. time; or item 90(b)). (b) that the matter was published or caused to be published in accordance with the permission of— (i) the Supreme Court, the County Court or the Magistrates' Court granted on an application by a person; or (ii) the person against whom the offence is alleged to have been committed.
S. 4(1) def. of sexual offence inserted by No. 8/1991 s. 18(a), amended by No. 47/2016 s. 40. sexual offence means an offence under subdivision (8A), (8B), (8C), (8E), (8F) or (8FA) of Division 1 of Part I of the Crimes Act 1958 or under any corresponding previous enactment or an attempt to commit any such offence or an assault with intent to commit any such offence. S. 4(1A) inserted by No. 8/1991 s. 18(a), amended by No. 33/1994 s. 17(3). (1A) A person who publishes or causes to be published any matter that contains any particulars likely to lead to the identification of a person against whom a sexual offence, or an offence where the conduct constituting it consists wholly or partly of taking part, or attempting to take part, in an act of sexual penetration as defined in section 35 of the Crimes Act 1958, is alleged to have been committed is guilty of an offence, whether or not a proceeding in respect of the alleged offence is pending in a court. S. 4(1B) inserted by No. 8/1991 s. 18(a). (1B) If a proceeding in respect of the alleged offence is not pending in a court at the relevant time, it is a defence to a charge under subsection (1A) for the accused to prove— S. 4(1B)(a) amended by No. 37/2014 s. 10(Sch. item 90(b)). (a) that no complaint about the alleged offence had been made to a police officer before that time; or (b) that the matter was published or caused to be published in accordance with the permission of— (i) the Supreme Court, the County Court or the Magistrates' Court granted on an application by a person; or (ii) the person against whom the offence is alleged to have been committed.
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