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Criminal Procedure and Investigations Act 1996

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Changes over time for: Section 38

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Point in time view as at 05/11/2012.

Changes to legislation:

Criminal Procedure and Investigations Act 1996, Section 38 is up to date with all changes known to be in force on or before 06 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

38 Offences in connection with reporting.E+W+S

(1)If a report is published or included in a relevant programme in contravention of section 37 each of the following persons is guilty of an offence—

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

(b)in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;

(c)in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

(2)A person guilty of an offence under this section is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

(3)Proceedings for an offence under this section shall not be instituted in England and Wales otherwise than by or with the consent of the Attorney General.

[F1(3A)Proceedings for an offence under this section shall not be instituted in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland.]

(4)Subsection (12) of section 37 applies for the purposes of this section as it applies for the purposes of that.

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