Chwilio Deddfwriaeth

Youth Justice and Criminal Evidence Act 1999

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Section 47

 Help about opening options

Version Superseded: 01/12/2020

Status:

Point in time view as at 24/02/2020. This version of this provision has been superseded. Help about Status

Changes to legislation:

Youth Justice and Criminal Evidence Act 1999, Section 47 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

47 Restrictions on reporting directions under [F1Chapter I or II][F1Chapter 1, 1A or 2].E+W+N.I.
This adran has no associated Nodiadau Esboniadol

(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;

[F3(aa) 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 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.

(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 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.

(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.

Textual Amendments

F1Words in s. 47 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)

F2Words in s. 47(2)(a) inserted (E.W.N.I.) (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 37(3); S.I. 2007/709, art. 3(p) (with art. 6)

F3S. 47(2)(aa) inserted (30.6.2003 for specified purposes, 1.12.2003 for specified purposes, 8.11.2004 for specified purposes, 21.12.2004 for specified purposes) by The Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789), art. 1(2), Sch. 1 para. 6 (with Sch. 2); S.R. 2003/323, art. 2, Sch.; S.R. 2003/476, arts. 2, 4; S.R. 2004/468, art. 2; S.R. 2004/531, art. 2

Modifications etc. (not altering text)

C1S. 47 applied (with modifications) by 1998 c. 37, s. 1I(5) (as inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 143, 178(8); S.I. 2005/1521, art. 3(1)(s))

C2S. 47 applied (with modifications) by S.I. 2004/1988 (N.I. 12), art. 6C(5) (as inserted (18.9.2006) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965), arts. 1(2)(a), 6; S.R. 2006/368, art. 2(a))

C3S. 47 applied (with modifications) (E.W.) (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 31(4), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(a)

C4S. 47 applied (with modifications) (E.W.) (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 16(4), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(a)

C5S. 47 applied (with modifications) (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), ss. 33(4), 63(2); S.I. 2016/553, reg. 2

C6S. 47 applied (with modifications) (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), ss. 34(4), 63(2); S.I. 2016/553, reg. 2

Commencement Information

I1S. 47 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 47 in force in so far as not already in force for E.W. at 24.7.2002 by S.I. 2002/1739, art. 2(d)

I2S. 47 in force at 8.11.2004 for N.I. in so far as not already in force by S.R. 2004/467, art. 2(b)

Yn ôl i’r brig

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?