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The Criminal Justice (Northern Ireland) Order 2004
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The Criminal Justice (Northern Ireland) Order 2004, Section 31 is up to date with all changes known to be in force on or before 26 May 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.
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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 4 para. 7A inserted by S.I. 2008/1769 (N.I.) Sch. 1 para. 33(2) (Amendment not applied due to drafting error by 2008 1769 (N.I. 2) - the amended provision should read Sch. 2 para. 7A (not Sch. 4 para. 7A). This error has been reported to the relevant Department for correction in due course.)
- Sch. 4 para. 10A inserted by S.I. 2008/1769 (N.I.) Sch. 1 para. 33(3) (Amendment not applied due to drafting error by 2008 1769 (N.I. 2) - the amended provision should read Sch. 2 para. 10A (not Sch. 4 para. 10A). This error has been reported to the relevant Department for correction in due course.)
- art. 11A inserted by 2015 c. 9 (N.I.) s. 52(3)
- art. 14(2)(aa) inserted by 2015 c. 9 (N.I.) s. 52(6)
Offences in connection with reportingN.I.
This section has no associated Explanatory Memorandum
31.—(1) This Article applies if a publication includes a report in contravention of Article 30.
(2) Where the publication is a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical is guilty of an offence.
(3) Where the publication is a relevant programme—
(a)any body corporate 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) For the purposes of this Article, section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies with the omission of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(6) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) Proceedings for an offence under this Article may not be instituted otherwise than by or with the consent of—
(a)before the relevant date, the Attorney General for Northern Ireland; or
(b)on or after the relevant date, the Director of Public Prosecutions for Northern Ireland.
(8) In paragraph (7) “the relevant date” means the date on which section 22(1) of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force.
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