Version Superseded: 13/04/2015
Point in time view as at 23/03/2015. This version of this provision has been superseded.
Youth Justice and Criminal Evidence Act 1999, Section 49 is up to date with all changes known to be in force on or before 06 March 2025. 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.
(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.
Modifications etc. (not altering text)
C1S. 49 applied by S.I. 2004/1988 (N.I. 12), art. 6C(5) (as inserted (N.I.) (18.9.2006) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965), arts. 1(2)(a), 6; S.R. 2006/368, art. 2(a))
C2S. 49 applied (E.W.) (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 31(4), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(a)
C3S. 49 applied (E.W.) (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 16(4), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(a)
Commencement Information
I1Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4)
I2S. 49 in force at 7.10.2004 for specified purposes for E.W. by S.I. 2004/2428, art. 2(c)
I3S. 49 in force at 8.11.2004 for specified purposes for N.I. by S.R. 2004/467, art. 2(d)
I4S. 49(1)-(5) in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(b)
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