Youth Justice and Criminal Evidence Act 1999

Youth Justice and Criminal Evidence Act 1999

1999 CHAPTER 23

Commentary on Sections

Part II: Giving of evidence or information for purposes of criminal proceedings

Chapter IV: Reporting restrictions

Section 47: Restrictions on reporting directions under Chapter I or II

176. Section 47 prevents the reporting of cases from covering certain aspects of the case before the end of the proceedings (subsection (6)). The restrictions apply to special measures directions under Chapter I or directions under section 36 prohibiting the defendant from cross-examining in person any particular witness. Restrictions under this section do not extend to any evidence given by witnesses in the case, or to witnesses’ identity. Courts may lift restrictions imposed under this section, but they must consider, in the event of any representations by the defendant against doing so, whether doing so would be in the interests of justice (subsections (4) and (5)).

177. Prosecutions for breach of the restrictions imposed by section 47 may only be brought by or with the consent of the Attorney General or, where instituted in Northern Ireland, by or with the consent of the Attorney General for Northern Ireland (see section 49(6)).