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

Chapter IV Reporting restrictions

Offences

I149 Offences under Chapter IV.

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.

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.