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

C2Chapter IV Reporting restrictions

Annotations:
Modifications etc. (not altering text)

Offences

I1I2I4C1C3C4I5C5C6C749 Offences under Chapter IV.

I31

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.

F11A

This section also applies—

a

in England and Wales, Scotland and Northern Ireland, if a publication includes any matter in contravention of a direction under section 45A(2) made by a service court;

b

in England and Wales, if a publication includes any matter in contravention of a direction under section 45A(2) made by a court other than a service court.

I32

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.

I33

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.

I34

In the case of any other publication, any person publishing it is guilty of an offence.

I35

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.

F27

Schedule 2A makes special provision in connection with the operation of this section, so far as it relates to a publication that includes matter in contravention of a direction under section 45A(2), in relation to persons providing information society services.