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Youth Justice and Criminal Evidence Act 1999

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Changes over time for: Section 49

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Version Superseded: 01/12/2020

Status:

Point in time view as at 01/07/2019. This version of this provision has been superseded. Help about Status

Changes to legislation:

Youth Justice and Criminal Evidence Act 1999, Section 49 is up to date with all changes known to be in force on or before 12 December 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

49 Offences under Chapter IV.U.K.
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(1)This section applies if a publication—

(a)includes any matter in contravention of section 44(2) or of a direction under section 45(3) or 46(2); or

(b)includes a report in contravention of section 47.

[F1(1A)This section also applies—

(a)in England and Wales, Scotland and Northern Ireland, if a publication includes any matter in contravention of a direction under section 45A(2) made by a service court;

(b)in England and Wales, if a publication includes any matter in contravention of a direction under section 45A(2) made by a court other than a service court.]

(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.

(3)Where the publication is a relevant programme—

(a)any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included, and

(b)any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

is guilty of an offence.

(4)In the case of any other publication, any person publishing it is guilty of an offence.

(5)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.

(6)Proceedings for an offence under this section in respect of a publication falling within subsection (1)(b) may not be instituted—

(a)in England and Wales otherwise than by or with the consent of the Attorney General, or

(b)in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland.

[F2(7)Schedule 2A makes special provision in connection with the operation of this section, so far as it relates to a publication that includes matter in contravention of a direction under section 45A(2), in relation to persons providing information society services.]

Textual Amendments

Modifications etc. (not altering text)

C1S. 49 applied by S.I. 2004/1988 (N.I. 12), art. 6C(5) (as inserted (N.I.) (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))

Commencement Information

I1Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4)

I2S. 49 in force at 7.10.2004 for specified purposes for E.W. by S.I. 2004/2428, art. 2(c)

I3S. 49 in force at 8.11.2004 for specified purposes for N.I. by S.R. 2004/467, art. 2(d)

I4S. 49 in force at 13.4.2015 for specified purposes for E.W. by S.I. 2015/818, art. 2(c)

I5S. 49(1)-(5) in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(b)

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