Criminal Justice and Courts Bill (HL Bill 49)

Sharing research with other jurors

5B (1) It is an offence for a member of a jury at an inquest intentionally to
disclose information to another member of the jury during the
inquest period if—

(a) 5the member contravened paragraph 5A in the process of
obtaining the information, and

(b) the information has not been provided at the inquest.

(2) Information has been provided at the inquest if (and only if) it has
been provided as part of—

(a) 10evidence presented at the inquest, or

(b) other information provided to the jury or a juror during the
inquest period by, or with the permission of, the senior
coroner dealing with the case.

(3) A person guilty of an offence under this paragraph is liable, on
15conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both).

(4) Proceedings for an offence under this paragraph may not be
instituted except by or with the consent of the Attorney General.

(5) In this paragraph, “the inquest period” has the same meaning as in
20paragraph 5A.

Jurors engaging in other prohibited conduct

5C (1) It is an offence for a member of a jury at an inquest intentionally to
engage in prohibited conduct during the inquest period, subject to
the exceptions in sub-paragraphs (4) and (5).

(2) 25“Prohibited conduct” means conduct from which it may
reasonably be concluded that the person intends to make a
determination or finding otherwise than on the basis of the
evidence presented at the inquest.

(3) An offence under this paragraph is committed whether or not the
30person knows that the conduct is prohibited conduct.

(4) It is not an offence under this paragraph for a member of the jury
to research the case (as defined in paragraph 5A(2) to (4)).

(5) It is not an offence under this paragraph for a member of the jury
to disclose information to another member of the jury.

(6) 35A person guilty of an offence under this paragraph is liable, on
conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both).

(7) Proceedings for an offence under this paragraph may not be
instituted except by or with the consent of the Attorney General.

(8) 40In this paragraph, “the inquest period” has the same meaning as in
paragraph 5A.”

Offence relating to jury’s deliberations

6 In Schedule 6 to the Coroners and Justice Act 2009 (offences relating to
inquests), after Part 1 insert—

“ Part 1A 5Offence relating to jury’s deliberations

5D Offence

(1) It is an offence for a person intentionally—

(a) to disclose information about statements made, opinions
expressed, arguments advanced or votes cast by members
10of a jury in the course of their deliberations in proceedings
at an inquest, or

(b) to solicit or obtain such information,

subject to the exceptions in paragraphs 5E to 5G.

(2) A person guilty of an offence under this paragraph is liable, on
15conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both).

(3) Proceedings for an offence under this paragraph may not be
instituted except by or with the consent of the Attorney General.

5E Initial exceptions

(1) 20It is not an offence under paragraph 5D for a person to disclose
information in the inquest mentioned in paragraph 5D(1) for the
purposes of enabling the jury to make findings or a determination
or in connection with the delivery of findings or a determination.

(2) It is not an offence under paragraph 5D for the senior coroner
25dealing with that inquest to disclose information—

(a) for the purposes of dealing with the inquest, or

(b) for the purposes of an investigation by a relevant
investigator into whether an offence or contempt of court
has been committed by or in relation to a juror in the
30inquest.

(3) It is not an offence under paragraph 5D for a person who
reasonably believes that a disclosure described in sub-paragraph
(2)(b) has been made to disclose information for the purposes of
the investigation.

(4) 35It is not an offence under paragraph 5D to publish information
disclosed as described in sub-paragraph (1) or (2)(a) in the inquest
mentioned in paragraph 5D(1).

(5) In this paragraph—

• “publish” means make available to the public or a section of
  40the public;

• “relevant investigator” means—

  (a)

  a police force;

  (b)

  the Attorney General;

  Criminal Justice and Courts BillPage 152

  (c)

  any other person or class of person specified by the
  Lord Chancellor for the purposes of this paragraph by
  regulations.

(6) The Lord Chancellor must obtain the consent of the Lord Chief
5Justice before making regulations under this paragraph.

5F Further exceptions

(1) It is not an offence under paragraph 5D for a person to disclose
information to a person listed in sub-paragraph (2) if—

(a) the disclosure is made after the jury at the inquest
10mentioned in paragraph 5D(1) has been discharged, and

(b) the person making the disclosure reasonably believes
that—

(i) an offence or contempt of court has been, or may
have been, committed by or in relation to a juror in
15connection with that inquest, or

(ii) conduct of a juror in connection with that inquest
may provide grounds for an application under
section 13(1)(b) of the Coroners Act 1988.

(2) Those persons are—

(a) 20a member of a police force;

(b) the Attorney General’s Office;

(c) a judge of the High Court;

(d) the Chief Coroner;

(e) the senior coroner who dealt with the inquest mentioned
25in paragraph 5D(1);

(f) a coroner’s officer or a member of staff assisting a senior
coroner who would reasonably be expected to disclose the
information only to a person mentioned in paragraphs (b)
to (e).

(3) 30It is not an offence under paragraph 5D for a member of a police
force to disclose information for the purposes of obtaining
assistance in deciding whether to submit the information to a
person listed in sub-paragraph (2), provided that the disclosure
does not involve publishing the information.

(4) 35It is not an offence under paragraph 5D for the Attorney General’s
Office or a judge of the High Court to disclose information for the
purposes of an investigation by a relevant investigator into—

(a) whether an offence or contempt of court has been
committed by or in relation to a juror in connection with
40the inquest mentioned in paragraph 5D(1), or

(b) whether conduct of a juror in connection with that inquest
may provide grounds for an application under section
13(1)(b) of the Coroners Act 1988.

(5) It is not an offence under paragraph 5D for a person who
45reasonably believes that a disclosure described in sub-paragraph
(4) has been made to disclose information for the purposes of the
investigation.

(6) It is not an offence under paragraph 5D for a person to disclose
information in evidence in—

(a) proceedings for an offence or contempt of court alleged to
have been committed by or in relation to a juror in
5connection with the inquest mentioned in paragraph
5D(1),

(b) proceedings on an application to the High Court under
section 13(1)(b) of the Coroners Act 1988 in connection
with the inquest mentioned in paragraph 5D(1) where an
10allegation relating to conduct of or in relation to a juror
forms part of the grounds for the application, or

(c) proceedings on any further appeal, reference or
investigation arising out of proceedings mentioned in
paragraph (a) or (b).

(7) 15It is not an offence under paragraph 5D for a person to disclose
information in the course of taking reasonable steps to prepare for
proceedings described in sub-paragraph (6)(a) to (c).

(8) It is not an offence under paragraph 5D to publish information
disclosed as described in sub-paragraph (6).

(9) 20In this paragraph—

• “the Attorney General’s Office” means the Attorney General,
  the Solicitor General or a member of staff of the Attorney
  General’s Office;

• “publish” means make available to the public or a section of
  25the public;

• “relevant investigator” means—

  (a)

  a police force;

  (b)

  the Attorney General;

  (c)

  the Criminal Cases Review Commission;

  (d)

  30the Crown Prosecution Service;

  (e)

  a senior coroner, area coroner or assistant coroner;

  (f)

  any other person or class of person specified by the
  Lord Chancellor for the purposes of this paragraph by
  regulations.

(10) 35The Lord Chancellor must obtain the consent of the Lord Chief
Justice before making regulations under this paragraph.

5G Exceptions for soliciting disclosures or obtaining information

(1) It is not an offence under paragraph 5D to solicit a disclosure
described in paragraph 5E(1) to (4) or paragraph 5F(1) to (8).

(2) 40It is not an offence under paragraph 5D to obtain information—

(a) by means of a disclosure described in paragraph 5E(1) to
(4) or paragraph 5F(1) to (8), or

(b) from a document that is available to the public or a section
of the public.”

Saving for contempt of court

7 In Part 3 of Schedule 6 to the Coroners and Justice Act 2009 (offences relating
to inquests: miscellaneous), at the end insert—

“11 Nothing in paragraph 5A, 5B or 5C affects what constitutes
5contempt of court at common law.”

Section 75

SCHEDULE 14 Members of the Court Martial

Part 1 Offences

1 10The Armed Forces Act 2006 is amended as follows.

2 In Chapter 2 of Part 7 (trial by Court Martial: proceedings), after section 163
insert—

“163A Offences

Schedule 2A makes provision about offences relating to members of
15the Court Martial and their deliberations.”

3 After Schedule 2 insert—

Section 163A

“Schedule 2A Offences relating to members of the Court Martial

Interpretation

1 (1) In this Schedule, “lay member” means a member of the Court
20Martial other than a judge advocate.

(2) References in this Schedule to a member, or lay member, of the
Court Martial are to any member, or lay member, whether or not
the person is a person subject to service law or a civilian subject to
service discipline.

(3) 25In this Schedule, “the trial period”, in relation to a person specified
as a lay member of the Court Martial for proceedings, is the
period—

(a) beginning when the person is sworn to try the case, and

(b) ending when the proceedings terminate or, if earlier, when
30the lay member is discharged by the judge advocate.

Research by lay members

2 (1) It is an offence for a lay member of the Court Martial for
proceedings to research the case that is the subject of the
proceedings during the trial period, subject to the exceptions in
35sub-paragraphs (5) and (6).

(2) A person researches a case if (and only if) the person—

(a) intentionally seeks information, and

(b) when doing so, knows or ought reasonably to know that
the information is or may be relevant to the case.

(3) 5The ways in which a person may seek information include—

(a) asking a question,

(b) searching an electronic database, including by means of
the internet,

(c) visiting or inspecting a place or object,

(d) 10conducting an experiment, and

(e) asking another person to seek the information.

(4) Information relevant to the case includes information about—

(a) a person involved in events relevant to the case,

(b) the judge advocate for the proceedings,

(c) 15any other person involved in the trial, whether as a lawyer,
a witness or otherwise,

(d) the law relating to the case,

(e) the law of evidence, and

(f) Court Martial procedure.

(5) 20It is not an offence under this paragraph for a person to seek
information if the person needs the information for a reason which
is not connected with the case.

(6) It is not an offence under this paragraph for a person—

(a) to attend the proceedings in question;

(b) 25to seek information from the judge advocate for the
proceedings;

(c) to seek information from the court administration officer
or from a member of the Military Court Service;

(d) to do anything which the Judge Advocate General directs
30or authorises the person to do;

(e) to do anything which the judge advocate dealing with the
issue directs or authorises the person to do;

(f) to seek information from another lay member of the Court
Martial for the proceedings, unless the person knows or
35ought reasonably to know that the other lay member
contravened this paragraph in the process of obtaining the
information;

(g) to do anything else which is reasonably necessary in order
for the Court Martial to make a finding on a charge or pass
40a sentence.

(7) A person guilty of an offence under this paragraph is liable to any
punishment mentioned in the Table in section 164, but a sentence
of imprisonment imposed in respect of the offence must not
exceed two years.

Sharing research with other lay members

3 (1) It is an offence for a lay member of the Court Martial for
proceedings intentionally to disclose information to another lay
member of that court for the proceedings during the trial period
5if—

(a) the lay member contravened paragraph 2 in the process of
obtaining the information, and

(b) the information has not been provided to the Court Martial
during the course of the proceedings.

(2) 10Information has been provided to the Court Martial during the
course of the proceedings if (and only if) it has been provided as
part of—

(a) evidence presented in the proceedings,

(b) information provided to a lay member or the lay members
15during the trial period by the court administration officer
or a member of the Military Court Service, or

(c) other information provided to a lay member or the lay
members during the trial period by, or with the permission
of, the judge advocate dealing with the issue.

(3) 20A person guilty of an offence under this paragraph is liable to any
punishment mentioned in the Table in section 164, but a sentence
of imprisonment imposed in respect of the offence must not
exceed two years.

Engaging in other prohibited conduct

4 (1) 25It is an offence for a lay member of the Court Martial for
proceedings intentionally to engage in prohibited conduct during
the trial period, subject to the exceptions in sub-paragraphs (4)
and (5).

(2) “Prohibited conduct” means conduct from which it may
30reasonably be concluded that the person intends to make a finding
on a charge or a decision about a sentence otherwise than on the
basis of the evidence presented in the proceedings.

(3) An offence under this paragraph is committed whether or not the
person knows that the conduct is prohibited conduct.

(4) 35It is not an offence under this paragraph for a person to research
the case that is the subject of the proceedings (as defined in
paragraph 2(2) to (4)).

(5) It is not an offence under this paragraph for a person to disclose
information to another lay member of the Court Martial.

(6) 40A person guilty of an offence under this paragraph is liable to any
punishment mentioned in the Table in section 164, but a sentence
of imprisonment imposed in respect of the offence must not
exceed two years.

Disclosing information about members’ deliberations etc

5 (1) 45It is an offence for a person intentionally—

(a) to disclose information about statements made, opinions
expressed, arguments advanced or votes cast by members
of the Court Martial for proceedings in the course of their
deliberations, or

(b) 5to solicit or obtain such information,

subject to the exceptions in paragraphs 6 to 8.

(2) Where a person guilty of an offence under this paragraph—

(a) was a member of the Court Martial for the proceedings, or

(b) at the time the offence was committed, was a person
10subject to service law or a civilian subject to service
discipline,

the person is liable to any punishment mentioned in the Table in
section 164, but any sentence of imprisonment imposed in respect
of the offence must not exceed two years.

(3) 15Where any other person is guilty of an offence under this
paragraph—

(a) the person is liable, on conviction on indictment, to
imprisonment for a term not exceeding two years or a fine
(or both), and

(b) 20proceedings for the offence may not be instituted except by
or with the consent of the Attorney General.

(4) The Crown Court has jurisdiction to try an offence under this
paragraph committed in England and Wales other than by a
person described in sub-paragraph (2), including an offence
25committed in respect of deliberations of members of the Court
Martial sitting outside England and Wales.

Disclosing information about members’ deliberations etc: initial exceptions

6 (1) It is not an offence under paragraph 5 for a person to disclose
information in the proceedings mentioned in paragraph 5(1)—

(a) 30for the purposes of enabling the Court Martial to make a
finding on a charge or pass a sentence, or

(b) in connection with the delivery of the findings or sentence.

(2) It is not an offence under paragraph 5 for the judge advocate for
those proceedings to disclose information—

(a) 35for the purposes of dealing with the proceedings, or

(b) for the purposes of an investigation by a relevant
investigator into whether an offence or contempt of court
has been committed by or in relation to a lay member in the
proceedings mentioned in paragraph 5(1).

(3) 40It is not an offence under paragraph 5 for a person who reasonably
believes that a disclosure described in sub-paragraph (2)(b) has
been made to disclose information for the purposes of the
investigation.

(4) It is not an offence under paragraph 5 to publish information
45disclosed as described in sub-paragraph (1) or (2)(a) in the
proceedings mentioned in paragraph 5(1).

(5) In this paragraph—

Criminal Justice and Courts BillPage 158

• “publish” means make available to the public or a section of
  the public;

• “relevant investigator” means—

  (a)

  a police force listed in section 375;

  (b)

  5the Attorney General;

  (c)

  any other person or class of person specified by the
  Lord Chancellor for the purposes of this paragraph by
  regulations.

(6) The Lord Chancellor must obtain the consent of the Lord Chief
10Justice of England and Wales before making regulations under
this paragraph.

Disclosing information about members’ deliberations etc: further exceptions

7 (1) It is not an offence under paragraph 5 for a person to disclose
information to a person listed in sub-paragraph (2) if—

(a) 15the disclosure is made after the proceedings mentioned in
paragraph 5(1) terminate, and

(b) the person making the disclosure reasonably believes
that—

(i) an offence or contempt of court has been, or may
20have been, committed by or in relation to a lay
member in connection with those proceedings, or

(ii) conduct of a lay member in connection with those
proceedings may provide grounds for an appeal
against conviction or sentence.

(2) 25Those persons are—

(a) a member of a police force listed in section 375;

(b) a judge of the Court of Appeal;

(c) a judge of the Court Martial Appeal Court;

(d) the registrar of criminal appeals;

(e) 30the judge advocate who dealt with the proceedings
mentioned in paragraph 5(1);

(f) the court administration officer for the Court Martial;

(g) a member of the Military Court Service who would
reasonably be expected to disclose the information only to
35a person mentioned in paragraphs (b) to (f).

(3) It is not an offence under paragraph 5 for a member of a police
force listed in section 375 to disclose information for the purposes
of obtaining assistance in deciding whether to submit the
information to—

(a) 40a judge of the Court of Appeal,

(b) a judge of the Court Martial Appeal Court, or

(c) the registrar of criminal appeals,

provided that the disclosure does not involve publishing the
information.

(4) 45It is not an offence under paragraph 5 for a judge of the Court of
Appeal, a judge of the Court Martial Appeal Court or the registrar

of criminal appeals to disclose information for the purposes of an
investigation by a relevant investigator into—

(a) whether an offence or contempt of court has been
committed by or in relation to a lay member in connection
5with the proceedings mentioned in paragraph 5(1), or

(b) whether conduct of a lay member in connection with those
proceedings may provide grounds for an appeal against
conviction or sentence.

(5) It is not an offence under paragraph 5 for a judge of the Court of
10Appeal, a judge of the Court Martial Appeal Court or the registrar
of criminal appeals to disclose information for the purposes of
enabling or assisting—

(a) a person who was the defendant in the proceedings
mentioned in paragraph 5(1), or

(b) 15a legal representative of such a person,

to consider whether conduct of a lay member in connection with
those proceedings may provide grounds for an appeal against
conviction or sentence.

(6) It is not an offence under paragraph 5 for a person who reasonably
20believes that a disclosure described in sub-paragraph (4) or (5) has
been made to disclose information for the purposes of the
investigation or consideration in question.

(7) It is not an offence under paragraph 5 for a person to disclose
information in evidence in—

(a) 25proceedings for an offence or contempt of court alleged to
have been committed by or in relation to a lay member in
connection with the proceedings mentioned in paragraph
5(1),

(b) proceedings on an appeal, or an application for leave to
30appeal, against a decision in the proceedings mentioned in
paragraph 5(1) where an allegation relating to conduct of
or in relation to a lay member forms part of the grounds of
appeal, or

(c) proceedings on any further appeal or reference arising out
35of proceedings mentioned in paragraph (a) or (b).

(8) It is not an offence under paragraph 5 for a person to disclose
information in the course of taking reasonable steps to prepare for
proceedings described in sub-paragraph (7)(a) to (c).

(9) It is not an offence under paragraph 5 to publish information
40disclosed as described in sub-paragraph (7).

(10) In this paragraph—

• “publish” means make available to the public or a section of
  the public;

• “relevant investigator” means—

  (a)

  45a police force listed in section 375;

  (b)

  the Attorney General;

  (c)

  the Criminal Cases Review Commission;

  (d)

  the Crown Prosecution Service;

  (e)

  the Service Prosecuting Authority;

  Criminal Justice and Courts BillPage 160

  (f)

  any other person or class of person specified by the
  Lord Chancellor for the purposes of this paragraph by
  regulations.

(11) The Lord Chancellor must obtain the consent of the Lord Chief
5Justice of England and Wales before making regulations under
this paragraph.

Disclosing information about members’ deliberations: exceptions for soliciting
disclosures or obtaining information

8 (1) It is not an offence under paragraph 5 to solicit a disclosure
10described in paragraph 6(1) to (4) or paragraph 7(1) to (9).

(2) It is not an offence under paragraph 5 to obtain information—

(a) by means of a disclosure described in paragraph 6(1) to (4)
or paragraph 7(1) to (9), or

(b) from a document that is available to the public or a section
15of the public.

Saving for contempt of court

9 Nothing in paragraph 2, 3 or 4 affects what constitutes contempt
of court at common law or what may be certified under section
311.”

20Part 2 Further amendments

4 The Armed Forces Act 2006 is amended as follows.

5 In section 50(2) (jurisdiction of the Court Martial: service offences), after
paragraph (f) insert—

“(fa) 25an offence under paragraph 2, 3 or 4 of Schedule 2A (offences
committed by a lay member of the Court Martial);

(fb) an offence under paragraph 5 of that Schedule (disclosing
information about members’ deliberations etc) committed by
a person described in sub-paragraph (2) of that paragraph;”.

6 30In section 51(3) (jurisdiction of the Service Civilian Court: excluded
offences), after paragraph (c) insert—

“(ca) an offence under paragraph 2, 3, 4 or 5 of Schedule 2A
(offences relating to members of the Court Martial);”.

7 In section 373 (orders, regulations and rules), after subsection (1) insert—

“(1A) 35The powers conferred by paragraphs 6 and 7 of Schedule 2A on the
Lord Chancellor to make regulations are exercisable by statutory
instrument.”

8 In Schedule 2 (offences required to be referred to service police force or
Director of Service Prosecutions under sections 113 and 116), at the end
40insert—

“14 An offence under paragraph 4 of Schedule 2A (lay member of the
Court Martial engaging in prohibited conduct).

15 An offence under paragraph 5 of Schedule 2A (disclosing
information about the deliberations of members of the Court
Martial) committed by a person described in sub-paragraph (2) of
that paragraph.”

9 5The reference in section 286(4) of the Armed Forces Act 2006 (hearing by the
Court Martial of appeals from Service Civilian Court) to Part 7 of that Act
includes the provisions inserted in that Part by this Schedule.

Section 79

SCHEDULE 15 Reporting restrictions: providers of information society services

10Children and Young Persons Act 1933 (c. 12)Children and Young Persons Act 1933 (c. 12)

1 After Schedule 1 to the Children and Young Persons Act 1933 insert—

Section 39A

“Schedule 1A Prohibition on publication of certain matters: providers of
information society services

Domestic service providers: extension of liability

1 (1) 15This paragraph applies where a service provider is established in
England and Wales (a “domestic service provider”).

(2) Section 39 applies to a domestic service provider who—

(a) includes matter in a publication in an EEA state other than
the United Kingdom, and

(b) 20does so in the course of providing information society
services,

as well as to a person who includes matter in a publication in
England and Wales.

(3) In the case of an offence under section 39, as it applies to a
25domestic service provider by virtue of sub-paragraph (2)—

(a) proceedings for the offence may be taken at any place in
England and Wales, and

(b) the offence may for all incidental purposes be treated as
having been committed at any such place.

(4) 30Nothing in this paragraph affects the operation of paragraphs 3 to
5.

Non-UK service providers: restriction on institution of proceedings

2 (1) This paragraph applies where a service provider is established in
an EEA state other than the United Kingdom (a “non-UK service
35provider”).

(2) Proceedings for an offence under section 39 may not be instituted
against a non-UK service provider in respect of anything done in

the course of the provision of information society services unless
the derogation condition is satisfied.

(3) The derogation condition is satisfied where the institution of
proceedings—

(a) 5is necessary for the purposes of the public interest
objective,

(b) relates to an information society service that prejudices
that objective or presents a serious and grave risk of
prejudice to that objective, and

(c) 10is proportionate to that objective.

(4) “The public interest objective” means the pursuit of public policy.

Exceptions for mere conduits

3 (1) A service provider is not capable of being guilty of an offence
under section 39 in respect of anything done in the course of
15providing so much of an information society service as consists
in—

(a) the provision of access to a communication network, or

(b) the transmission in a communication network of
information provided by a recipient of the service,

20if the condition in sub-paragraph (2) is satisfied.

(2) The condition is that the service provider does not—

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(c) select or modify the information contained in the
25transmission.

(3) For the purposes of sub-paragraph (1)—

(a) the provision of access to a communication network, and

(b) the transmission of information in a communication
network,

30includes the automatic, intermediate and transient storage of the
information transmitted so far as the storage is solely for the
purpose of carrying out the transmission in the network.

(4) Sub-paragraph (3) does not apply if the information is stored for
longer than is reasonably necessary for the transmission.

35Exception for caching

4 (1) This paragraph applies where an information society service
consists in the transmission in a communication network of
information provided by a recipient of the service.

(2) The service provider is not capable of being guilty of an offence
40under section 39 in respect of the automatic, intermediate and
temporary storage of information so provided, if—

(a) the storage of the information is solely for the purpose of
making more efficient the onward transmission of the
information to other recipients of the service at their
45request, and

(b) the condition in sub-paragraph (3) is satisfied.

(3) The condition is that the service provider—

(a) does not modify the information,

(b) complies with any conditions attached to having access to
5the information, and

(c) where sub-paragraph (4) applies, expeditiously removes
the information or disables access to it.

(4) This sub-paragraph applies if the service provider obtains actual
knowledge that—

(a) 10the information at the initial source of the transmission has
been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the
removal from the network of, or the disablement of access
15to, the information.

Exception for hosting

5 (1) A service provider is not capable of being guilty of an offence
under section 39 in respect of anything done in the course of
providing so much of an information society service as consists in
20the storage of information provided by a recipient of the service if
sub-paragraph (2) or (3) is satisfied.

(2) This sub-paragraph is satisfied if the service provider had no
actual knowledge when the information was provided that it
consisted of or included matter whose inclusion in a publication is
25prohibited by a direction under section 39.

(3) This sub-paragraph is satisfied if, on obtaining such knowledge,
the service provider expeditiously removed the information or
disabled access to it.

(4) Sub-paragraph (1) does not apply if the recipient of the service is
30acting under the authority or control of the service provider.

Interpretation

6 (1) This paragraph applies for the purposes of this Schedule.

(2) “Publication” has the meaning given in section 39.

(3) “Information society services”—

(a) 35has the meaning given in Article 2(a) of the E-Commerce
Directive (which refers to Article 1(2) of Directive 98/34/
EC of the European Parliament and of the Council of 22
June 1998 laying down a procedure for the provision of
information in the field of technical standards and
40regulations), and

(b) is summarised in recital 17 of the E-Commerce Directive as
covering “any service normally provided for
remuneration, at a distance, by means of electronic
equipment for the processing (including digital

compression) and storage of data, and at the individual
request of a recipient of a service”,

and “the E-Commerce Directive” means Directive 2000/31/EC of
the European Parliament and of the Council of 8 June 2000 on
5certain legal aspects of information society services, in particular
electronic commerce, in the Internal Market (Directive on
electronic commerce).

(4) “Recipient”, in relation to a service, means a person who, for
professional ends or otherwise, uses an information society
10service, in particular for the purposes of seeking information or
making it accessible.

(5) “Service provider” means a person providing an information
society service.

(6) For the purpose of interpreting references in this Schedule to a
15service provider who is established in England and Wales or an
EEA state—

(a) a service provider is established in England and Wales or
in a particular EEA state, if the service provider—

(i) effectively pursues an economic activity using a
20fixed establishment in England and Wales or that
EEA state, for an indefinite period, and

(ii) is a national of an EEA state or a company or firm
mentioned in Article 54 of the Treaty on the
Functioning of the European Union;

(b) 25the presence or use in a particular place of equipment or
other technical means of providing an information society
service does not, of itself, constitute the establishment of a
service provider;

(c) where it cannot be determined from which of a number of
30establishments a given information society service is
provided, that service is to be regarded as provided from
the establishment at the centre of the service provider‘s
activities relating to that service.”

Youth Justice and Criminal Evidence Act 1999 (c. 23)Youth Justice and Criminal Evidence Act 1999 (c. 23)

2 35After Schedule 2 to the Youth Justice and Criminal Evidence Act 1999
insert—

Section 49

“Schedule 2A Restriction of reporting of criminal proceedings for lifetime of
witnesses and victims under 18: providers of information society
services

40Domestic service providers: extension of liability

1 (1) This paragraph applies where a service provider is established in
England and Wales, Scotland or Northern Ireland (a “domestic
service provider”).

(2) Section 49, so far as it relates to a publication falling within
subsection (1A)(a) of that section, applies to a domestic service
provider who—

(a) includes matter in a publication in an EEA state other than
5the United Kingdom, and

(b) does so in the course of providing information society
services,

as well as to a person who includes matter in a publication in
England and Wales, Scotland or Northern Ireland.

(3) 10In the case of an offence under section 49, as it applies to a
domestic service provider by virtue of sub-paragraph (2)—

(a) proceedings for the offence may be taken at any place in
England and Wales, Scotland or Northern Ireland, and

(b) the offence may for all incidental purposes be treated as
15having been committed at any such place.

(4) Section 49, so far as it relates to a publication falling within
subsection (1A)(b) of that section, applies to a domestic service
provider established in England and Wales who—

(a) includes matter in a publication in an EEA state other than
20the United Kingdom, and

(b) does so in the course of providing information society
services,

as well as to a person who includes matter in a publication in
England and Wales.

(5) 25In the case of an offence under section 49, as it applies to a
domestic service provider established in England and Wales by
virtue of sub-paragraph (4)—

(a) proceedings for the offence may be taken at any place in
England and Wales, and

(b) 30the offence may for all incidental purposes be treated as
having been committed at any such place.

(6) Nothing in this paragraph affects the operation of paragraphs 3 to
5.

Non-UK service providers: restriction on institution of proceedings

2 (1) 35This paragraph applies where a service provider is established in
an EEA state other than the United Kingdom (a “non-UK service
provider”).

(2) Proceedings for an offence under section 49, so far as it relates to a
publication that includes matter in contravention of a direction
40under section 45A(2), may not be instituted against a non-UK
service provider in respect of anything done in the course of the
provision of information society services unless the derogation
condition is satisfied.

(3) The derogation condition is satisfied where the institution of
45proceedings—

(a) is necessary for the purposes of the public interest
objective,

(b) relates to an information society service that prejudices
that objective or presents a serious and grave risk of
prejudice to that objective, and

(c) is proportionate to that objective.

(4) 5“The public interest objective” means the pursuit of public policy.

Exceptions for mere conduits

3 (1) A service provider is not capable of being guilty of an offence
under section 49, so far as it relates to a publication that includes
matter in contravention of a direction under section 45A(2), in
10respect of anything done in the course of providing so much of an
information society service as consists in—

(a) the provision of access to a communication network, or

(b) the transmission in a communication network of
information provided by a recipient of the service,

15if the condition in sub-paragraph (2) is satisfied.

(2) The condition is that the service provider does not—

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(c) select or modify the information contained in the
20transmission.

(3) For the purposes of sub-paragraph (1)—