MAGISTRATES COURT ACT 1991 - SECT 48B

MAGISTRATES COURT ACT 1991 - SECT 48B

48B—Certain trials of sexual offences to be given priority

        (1)         The Court will give the necessary directions to ensure that a trial of a sexual offence where the alleged victim of the offence is a person to whom this section applies is given priority over any less urgent criminal trial and is dealt with as expeditiously as the proper administration of justice allows.

        (2)         In this section—

"person to whom this section applies" means—

            (a)         a child; or

            (b)         a person with a disability that adversely affects the person's capacity to give a coherent account of the person's experiences or to respond rationally to questions;

"sexual offence" means—

            (a)         rape; or

            (b)         indecent assault; or

            (c)         any offence involving unlawful sexual intercourse or an act of gross indecency; or

            (d)         incest; or

            (e)         any offence involving sexual exploitation or abuse of a child, or exploitation of a child as an object of prurient interest; or

            (ea)         an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935 ; or

            (f)         any attempt to commit, or assault with intent to commit, any of the offences referred to in a preceding paragraph.