Part II Giving of evidence or information for purposes of criminal proceedings
C3Chapter IV Reporting restrictions
Reports relating to directions under F3Chapter I or IIF3Chapter 1, 1A or 2
Words in s. 47 cross-heading substituted (E.W.N.I.) (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 37(2); S.I. 2007/709, art. 3(p) (with art. 6)
I1I2C1C2C4C5C6C7C847 Restrictions on reporting directions under F4Chapter 1, 1A or 2.
1
Except as provided by this section, no publication shall include a report of a matter falling within subsection (2).
2
The matters falling within this subsection are—
a
a direction under section 19 F2, 33A or 36 or an order discharging, or (in the case of a direction under section 19) varying, such a direction;
F1aa
a direction under Article 7 or 24 of the Criminal Evidence (Northern Ireland) Order 1999 or an order discharging, or (in the case of a direction under Article 7) varying, such a direction;
b
proceedings—
i
on an application for such a direction or order, or
ii
where the court acts of its own motion to determine whether to give or make any such direction or order.
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.
4
Where—
a
there is only one accused in the relevant proceedings, and
b
he objects to the making of an order under subsection (3),
the court shall make the order if (and only if) satisfied after F5considering (in the case of proceedings in England and Wales) or hearing (in the case of other proceedings) 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.
5
Where—
a
there are two or more accused in the relevant proceedings, and
b
one or more of them object to the making of an order under subsection (3),
the court shall make the order if (and only if) satisfied after F6considering (in the case of proceedings in England and Wales) or hearing (in the case of other proceedings) 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.
6
Subsection (1) does not apply to the inclusion in a publication of a report of matters after the relevant proceedings are either—
a
determined (by acquittal, conviction or otherwise), or
b
abandoned,
in relation to the accused or (if there is more than one) in relation to each of the accused.
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.
8
Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of matter in a publication.
Pt. II Ch. IV modified (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 2009/2083), arts. 1, 13