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8C Restrictions on reporting | |
(1) Except as provided by this section no report of matters falling within | |
subsection (2) may be published in England and Wales. | |
(2) The following matters fall within this subsection— | |
(a) a ruling under section 8A; | 5 |
(b) proceedings on an application for a ruling under section 8A; | |
(c) an order under section 8B that a ruling under section 8A be | |
discharged, varied or further varied; | |
(d) proceedings on an application under section 8B for a ruling | |
under section 8A to be discharged, varied or further varied. | 10 |
(3) A magistrates’ court dealing with any matter falling within | |
subsection (2) may order that subsection (1) does not apply, or does | |
not apply to a specified extent, to a report of the matter. | |
(4) Where there is only one accused and he objects to the making of an | |
order under subsection (3)— | 15 |
(a) the court may make the order if (and only if) satisfied after | |
hearing the representations of the accused that it is in the | |
interests of justice to do so, and | |
(b) if the order is made, it shall not apply to the extent that a | |
report deals with any such objection or representations. | 20 |
(5) Where there are two or more accused and one or more of them | |
objects to the making of an order under subsection (3)— | |
(a) the court may make the order if (and only if) satisfied after | |
hearing the representations of each of the accused that it is in | |
the interests of justice to do so, and | 25 |
(b) if the order is made, it shall not apply to the extent that a | |
report deals with any such objection or representations. | |
(6) Subsection (1) does not apply to the publication of a report of matters | |
after the case against the accused or, if more than one, against each | |
of them, is disposed of. | 30 |
(7) Subsection (1) does not apply to a report which contains only one or | |
more of the following matters— | |
(a) the identity of the court and the names of the justices; | |
(b) the names, ages, home addresses and occupations of the | |
accused and witnesses; | 35 |
(c) the offence or offences, or a summary of them, with which the | |
accused or any of the accused are charged; | |
(d) the names of counsel and solicitors in the proceedings; | |
(e) where the proceedings are adjourned, the date and place to | |
which they are adjourned; | 40 |
(f) any arrangements as to bail; | |
(g) whether a right to representation funded by the Legal | |
Services Commission as part of the Criminal Defence Service | |
was granted to the accused or any of the accused. | |
(8) The addresses that may be included in a report by virtue of | 45 |
subsection (7) are addresses— | |
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(a) at any relevant time, and | |
(b) at the time of their inclusion in the publication. | |
(9) In subsection (8), “relevant time” means a time when events giving | |
rise to the charges to which the proceedings relate are alleged to have | |
occurred. | 5 |
(10) Nothing in this section affects any prohibition or restriction imposed | |
by virtue of any other enactment on the publication of a report of any | |
matter. | |
(11) In this section and in section 8D— | |
(a) references to publication of a report of matters falling within | 10 |
subsection (2)— | |
(i) include references to inclusion of those matters in any | |
speech, writing, relevant programme or other | |
communication in whatever form which is addressed | |
to the public at large or any section of the public (and | 15 |
for this purpose every relevant programme is to be | |
taken to be so addressed), but | |
(ii) do not include references to inclusion of those matters | |
in a document prepared for use in particular legal | |
proceedings; | 20 |
(b) “relevant programme” means a programme included in a | |
programme service, within the meaning of the Broadcasting | |
Act 1990. | |
8D Offences in connection with reporting | |
(1) If a report is published in contravention of section 8C each of the | 25 |
following persons is guilty of an offence— | |
(a) in the case of a publication of a report as part of a newspaper | |
or periodical, any proprietor, editor or publisher of the | |
newspaper or periodical; | |
(b) in the case of the inclusion of a report in a relevant | 30 |
programme, any body corporate which is engaged in | |
providing the service in which the programme is included | |
and any person having functions in relation to the | |
programme corresponding to those of an editor of a | |
newspaper; | 35 |
(c) in the case of any other publication, any person publishing it. | |
(2) If an offence under this section committed by a body corporate is | |
proved— | |
(a) to have been committed with the consent or connivance of, or | |
(b) to be attributable to any neglect on the part of, | 40 |
an officer, the officer as well as the body corporate is guilty of the | |
offence and liable to be proceeded against and punished | |
accordingly. | |
(3) In subsection (2), “officer” means a director, manager, secretary or | |
other similar officer of the body, or a person purporting to act in any | 45 |
such capacity. | |
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(4) If the affairs of a body corporate are managed by its members, | |
“director” in subsection (3) means a member of that body. | |
(5) A person guilty of an offence under this section is liable on summary | |
conviction to a fine of an amount not exceeding level 5 on the | |
standard scale. | 5 |
(6) Proceedings for an offence under this section may not be instituted | |
otherwise than by or with the consent of the Attorney General.” | |
Schedule 5 | |
Section 65 | |
Further functions conferred on District Judges (Magistrates’ Courts) | |
Criminal Justice Act 1967 (c. 80) | 10 |
1 In section 9(5) (requirement for author of written statement to give evidence | |
in person), for “by a puisne judge of the High Court, a Circuit judge or | |
Recorder sitting alone” substitute “by any of the following sitting alone— | |
(a) a puisne judge of the High Court; | |
(b) a Circuit judge; | 15 |
(c) a District Judge (Magistrates’ Courts); | |
(d) a Recorder.” | |
Taxes Management Act 1970 (c. 9) | |
2 In— | |
(a) section 20D(1)(a) (meaning of “the appropriate judicial authority” in | 20 |
relation to England and Wales), and | |
(b) paragraph 9(2)(a) of Schedule 1AA (sanction for failure to comply | |
with order under section 20BA), | |
after “Circuit judge” insert “or a District Judge (Magistrates’ Courts)”. | |
Juries Act 1974 (c. 23) | 25 |
3 In section 9B, for subsection (3) (meaning of “the judge” for purposes of | |
discharge of person incapable of acting effectively as juror) substitute— | |
“(3) In this section and section 10 “the judge” means— | |
(a) a judge of the High Court, | |
(b) a Circuit judge, | 30 |
(c) a District Judge (Magistrates’ Courts), or | |
(d) a Recorder.” | |
4 In section 10 (discharge of summons in case of doubt as to capacity to act | |
effectively as juror) omit “and for this purpose “the judge” means any judge | |
of the High Court or any Circuit judge or Recorder”. | 35 |
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Police and Criminal Evidence Act 1984 (c. 60) | |
5 In section 9(2A) (application of enactments relating to execution of process | |
in Scotland or Northern Ireland to processes issued by a Circuit judge under | |
Schedule 1 to 1984 Act), for “circuit judge” substitute “judge”. | |
6 (1) In Schedule 1 (applications for access to excluded or special procedure | 5 |
material) for “circuit judge”, in each place, substitute “judge”. | |
(2) After paragraph 16 insert— | |
“Interpretation | |
17 In this Schedule “judge” means a Circuit judge or a District Judge | |
(Magistrates’ Courts).” | 10 |
Computer Misuse Act 1990 (c. 18) | |
7 In section 14(1) (search warrants for offences under section 1) after “a Circuit | |
judge” insert “or a District Judge (Magistrates’ Courts)”. | |
Data Protection Act 1998 (c. 29) | |
8 In Schedule 9 (powers of entry and inspection) in paragraph 1(1) after | 15 |
“circuit judge” insert “or a District Judge (Magistrates’ Courts)”. | |
Terrorism Act 2000 (c. 11) | |
9 In Schedule 5 (terrorist investigations: information)— | |
(a) in paragraphs 5(1) and (5), 6(1), 10(1), 11(1), 12(1) and (2) and 13(1), | |
after “Circuit judge” insert “or a District Judge (Magistrates’ | 20 |
Courts)”, and | |
(b) in paragraphs 5(4)(a) and 7(1)(b), after “Circuit judge” insert “or the | |
District Judge (Magistrates’ Courts)”. | |
10 In Schedule 6 (financial information), in paragraph 3(a), after “Circuit judge” | |
insert “or a District Judge (Magistrates’ Courts)”. | 25 |
11 In Schedule 6A (account monitoring orders), in paragraph 1(2)(a), for “a | |
Circuit judge,” substitute “a Circuit judge or a District Judge (Magistrates’ | |
Courts),”. | |
Regulation of Investigatory Powers Act 2000 (c. 23) | |
12 In Schedule 2 (persons who have the appropriate permission), in paragraph | 30 |
1(1)(a), after “Circuit judge” insert “or a District Judge (Magistrates’ | |
Courts)”. | |
Freedom of Information Act 2000 (c. 36) | |
13 In Schedule 3 (powers of entry and inspection), in paragraph 1(1), after | |
“Circuit judge” insert “or a District Judge (Magistrates’ Courts)”. | 35 |
International Criminal Court Act 2001 (c. 17) | |
14 In Schedule 5 (investigation of proceeds of ICC crime) in paragraphs 1(1) | |
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and 8 for “a Circuit judge or, in Northern Ireland, a county court judge” | |
substitute “— | |
(a) a Circuit judge or a District Judge (Magistrates’ Courts), or | |
(b) in Northern Ireland, a county court judge,”. | |
Armed Forces Act 2001 (c. 19) | 5 |
15 In section 6(2)(a) (applications for access to excluded or special procedure | |
material), for “circuit judges” substitute “judges”. | |
Schedule 6 | |
Section 97 | |
High Court writs of execution | |
Enforcement officers: general | 10 |
Districts for writs of execution enforced by enforcement officers | |
1 (1) England and Wales is to be divided into districts for the purposes of this | |
Schedule. | |
(2) The districts are to be those specified in regulations made under paragraph | |
12. | 15 |
Enforcement officers: authorisation and assignment to districts | |
2 (1) An enforcement officer is an individual who is authorised to act as such by | |
the Lord Chancellor or a person acting on his behalf. | |
(2) The Lord Chancellor or a person acting on his behalf must assign at least one | |
enforcement officer to each district. | 20 |
(3) The Lord Chancellor or a person acting on his behalf may— | |
(a) assign an enforcement officer to more than one district, and | |
(b) change any assignment of an enforcement officer so that he is | |
assigned to a different district or to different districts. | |
Direction of writs of execution to enforcement officers | 25 |
3 (1) A writ of execution issued from the High Court may be directed— | |
(a) if only one enforcement officer is assigned to the district in which the | |
writ is to be executed, to that officer, | |
(b) if two or more enforcement officers are assigned to that district, to | |
those officers collectively, or | 30 |
(c) to a named enforcement officer who, whether or not assigned to that | |
district, has undertaken to execute the writ. | |
(2) In this paragraph “writ of execution” does not include— | |
(a) a writ of sequestration, or | |
(b) a writ relating to ecclesiastical property. | 35 |
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Enforcement officers to have traditional powers etc. of sheriff | |
4 (1) This paragraph applies in relation to writs directed to one or more | |
enforcement officers under paragraph 3. | |
(2) The relevant officer has, in relation to the writ, the duties, powers, rights, | |
privileges and liabilities that a sheriff of a county would have had at | 5 |
common law if— | |
(a) the writ had been directed to him, and | |
(b) the district in which it is to be executed had been within his county. | |
(3) “The relevant officer” means— | |
(a) if the writ is directed to a single enforcement officer under paragraph | 10 |
3(1)(a) or (c), that officer; | |
(b) if the writ is directed to two or more enforcement officers collectively | |
under paragraph 3(1)(b), the officer to whom, in accordance with | |
approved arrangements, the execution of the writ is allocated. | |
(4) Sub-paragraph (2) applies to a person acting under the authority of the | 15 |
relevant officer as it applies to the relevant officer. | |
(5) In this Schedule “approved arrangements” means arrangements approved | |
by the Lord Chancellor or a person acting on his behalf. | |
Constable’s duty to assist enforcement officers | |
5 It is the duty of every constable, at the request of— | 20 |
(a) an enforcement officer, or | |
(b) a person acting under the officer’s authority, | |
to assist the officer or that person in the execution of a writ. | |
Writs of execution against goods | |
Application of paragraphs 7 to 11 | 25 |
6 Paragraphs 7 to 11 apply to any writ of execution against goods which is | |
issued from the High Court. | |
Endorsement of writ with date and time of receipt | |
7 (1) If the writ is directed to a single enforcement officer under paragraph 3(1)(a) | |
or (c), that officer must endorse it as soon as possible after receiving it. | 30 |
(2) If the writ is directed to two or more enforcement officers collectively under | |
paragraph 3(1)(b), the individual who, in accordance with approved | |
arrangements, is responsible for allocating its execution to one of those | |
officers, must endorse it as soon as possible after receiving it. | |
(3) If the writ is directed to a person who is not an enforcement officer but is | 35 |
under a duty to execute it, that person must endorse it as soon as possible | |
after receiving it. | |
(4) For the purposes of this paragraph, a person endorses a writ by endorsing | |
on the back of it the date and time when he received it. | |
(5) No fee may be charged for endorsing a writ under this paragraph. | 40 |
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Effect of writ | |
8 (1) Subject to sub-paragraph (2), the writ binds the property in the goods of the | |
execution debtor from the time when the writ is received by the person who | |
is under a duty to endorse it. | |
(2) The writ does not prejudice the title to any goods of the execution debtor | 5 |
acquired by a person in good faith and for valuable consideration. | |
(3) Sub-paragraph (2) does not apply if the person acquiring goods of the | |
execution debtor had notice, at the time of the acquisition, that— | |
(a) the writ, or | |
(b) any other writ by virtue of which the goods of the execution debtor | 10 |
might be seized or attached, | |
had been received by the person who was under a duty to endorse it but had | |
not been executed. | |
(4) Sub-paragraph (2) does not apply if the person acquiring goods of the | |
execution debtor had notice, at the time of the acquisition, that— | 15 |
(a) an application for the issue of a warrant of execution against the | |
goods of the execution debtor had been made to the district judge of | |
a county court, and | |
(b) the warrant issued on the application— | |
(i) remained unexecuted in the hands of the district judge of the | 20 |
court from which it was issued, or | |
(ii) had been sent for execution to, and received by, the district | |
judge of another county court and remained unexecuted in | |
the hands of that district judge. | |
(5) In sub-paragraph (1) “property” means the general property in goods (and | 25 |
not merely a special property). | |
(6) For the purposes of sub-paragraph (2) a thing shall be treated as done in | |
good faith if it is in fact done honestly (whether it is done negligently or not). | |
(7) Any reference in this paragraph to the goods of the execution debtor | |
includes anything else of his that may lawfully be seized in execution. | 30 |
Seizure of goods | |
9 (1) This paragraph applies where an enforcement officer or other person who is | |
under a duty to execute the writ is executing it. | |
(2) The officer may, by virtue of the writ, seize— | |
(a) any goods of the execution debtor that are not exempt goods, and | 35 |
(b) any money, banknotes, bills of exchange, promissory notes, bonds, | |
specialties or securities for money belonging to the execution debtor. | |
(3) “Exempt goods” means— | |
(a) such tools, books, vehicles and other items of equipment as are | |
necessary to the execution debtor for use personally by him in his | 40 |
employment, business or vocation; | |
(b) such clothing, bedding, furniture, household equipment and | |
provisions as are necessary for satisfying the basic domestic needs of | |
the execution debtor and his family. | |
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