23(1)Section 3 of the Sexual Offences (Amendment) Act 1976 (application of restrictions on evidence at certain trials to committal proceedings etc.) shall be amended as follows.
(2)The following subsection shall be substituted for subsection (1)—
“(1)Where a magistrates’ court inquires into a rape offence as examining justices, then, except with the consent of the court, no restricted matter shall be raised; and for this purpose a restricted matter is a matter as regards which evidence could not be adduced and a question could not be asked without leave in pursuance of section 2 of this Act if—
(a)the inquiry were a trial at which a person is charged as mentioned in section 2(1) of this Act, and
(b)each of the accused at the inquiry were charged at the trial with the offence or offences of which he is accused at the inquiry.”
(3)In subsection (2) for the words “evidence or question” (in each place) there shall be substituted “ matter ”.