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Reports relating to directions under Chapter I or II |
| Restrictions on reporting directions under Chapter I or II. |
46. - (1) Except as provided by this section, no publication shall include a report of a matter falling within subsection (2).
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(2) The matters falling within this subsection are-
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(a) a direction under section 19 or 35 or an order discharging, or (in the case of a direction under section 19) varying, such a direction; |
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(i) on an application for such a direction or order, or
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(ii) where the court acts of its own motion to determine whether to give or make any such direction or order.
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(3) The court dealing with a matter falling within subsection (2) may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of that matter.
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(4) Where-
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(a) there is only one accused in the relevant proceedings, and |
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(b) he objects to the making of an order under subsection (3), |
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the court shall 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 if the order is made it shall not apply to the extent that a report deals with any such objections or representations.
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(5) Where-
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(a) there are two or more accused in the relevant proceedings, and |
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(b) one or more of them object to the making of an order under subsection (3), |
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the court shall 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 if the order is made it shall not apply to the extent that a report deals with any such objections or representations.
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(6) Subsection (1) does not apply to the inclusion in a publication of a report of matters after the relevant proceedings are either-
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(a) determined (by acquittal, conviction or otherwise), or |
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in relation to the accused or (if there is more than one) in relation to each of the accused.
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(7) In this section "the relevant proceedings" means the proceedings to which any such direction as is mentioned in subsection (2) relates or would relate.
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(8) Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of matter in a publication.
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Other restrictions |
| Amendments relating to other reporting restrictions. |
47. Schedule 2, which contains amendments relating to reporting restrictions under-
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(a) the Children and Young Persons Act 1933, |
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(b) the Sexual Offences (Amendment) Act 1976, |
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(c) the Sexual Offences (Northern Ireland) Order 1978, |
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(d) the Sexual Offences (Amendment) Act 1992, and |
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(e) the Criminal Justice (Northern Ireland) Order 1994, |
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shall have effect.
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Offences |
| Offences under this Chapter. |
48. - (1) This section applies if a publication-
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(a) includes any matter in contravention of section 43(2) or of a direction under section 44(3) or 45(2); or |
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(b) includes a report in contravention of section 46. |
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(2) Where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical is guilty of an offence.
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(3) Where the publication is a relevant programme-
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(a) any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included, and |
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(b) any person having functions in relation to the programme corresponding to those of an editor of a newspaper, |
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is guilty of an offence.
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(4) In the case of any other publication, any person publishing it is guilty of an offence.
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(5) Where a person is charged with an offence under this section it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication included the matter or report in question.
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(6) Where-
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(a) a person is charged with an offence under this section, and |
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(b) the offence relates to the inclusion of any matter in a publication in contravention of section 43(2), |
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it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the criminal investigation in question had begun.
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(7) Where-
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(a) paragraphs (a) and (b) of subsection (6) apply, and |
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(b) the contravention of section 43(2) does not involve the person by whom the offence mentioned in that provision is alleged to have been committed, |
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it shall be a defence to show to the satisfaction of the court that the inclusion in the publication of the matter in question was in the public interest on the ground that, to the extent that they operated to prevent that matter from being so included, the effect of the restrictions imposed by section 43(2) was to impose a substantial and unreasonable restriction on the reporting of matters connected with that offence.
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(8) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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(9) Proceedings for an offence under this section in respect of a publication falling within subsection (1)(b) may not be instituted-
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(a) in England and Wales otherwise than by or with the consent of the Attorney General, or |
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(b) in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland. |
| Offences committed by bodies corporate or Scottish partnerships. |
49. - (1) If an offence under section 48 committed by a body corporate is proved-
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(a) to have been committed with the consent or connivance of, or |
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(b) to be attributable to any neglect on the part of, |
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an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
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(2) In subsection (1) "officer" means a director, manager, secretary, or other similar officer of the body, or a person purporting to act in any such capacity.
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(3) If the affairs of a body corporate are managed by its members, "director" in subsection (2) means a member of that body.
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(4) Where an offence under section 48 is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
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