The Anti-social Behaviour (Northern Ireland) Order 2004

Restrictions on reporting proceedings for orders against children N.I.

Restrictions on reporting proceedings for orders against children N.I.

8.—(1) In any proceedings for, or in relation to, an anti-social behaviour order against a child, the court may direct that—

(a) no report shall be published which reveals the name, address or school of the child or includes any particulars likely to lead to the identification of the child; and

(b) no picture shall be published as being or including a picture of the child.

(2) If a report or picture is published in contravention of a direction under paragraph (1), the following persons—

(a) in the case of publication of a written report or a picture as part of a newspaper, any proprietor, editor or publisher of the newspaper;

(b) in the case of the inclusion of a report or picture in a programme service, any body corporate which provides the service and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) Paragraph (4) applies in relation to proceedings in which an order is made under Article 6 in respect of a child.

(4 )F1  In so far as the proceedings relate to the making of the order, Article 22 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9) (restrictions on reporting criminal proceedings concerning child) does not apply in respect of the child.

(5) As from the coming into force of the repeal of Article 22 of the Criminal Justice (Children) (Northern Ireland) Order 1998 by Schedule 6 to the Youth Justice and Criminal Evidence Act 1999 (c.23), paragraph (4) has effect with the substitution for the reference to that Article of a reference to section 49 of the Children and Young Persons Act 1933 (c.12).

(6) In this Article–

• “child” means a person who is under the age of[F2 18];

• “picture” means a picture in a newspaper and a picture included in a programme service;

• “programme service” has the same meaning as in the Broadcasting Act 1990 (c.42);

• “publish” includes–

  (a)

  include in a programme service;

  (b)

  cause to be published;

• “report” means a report in a newspaper and a report included in a programme service.

F1 mod. by 2004 NI 12

F2 2005 NI 15