(1)Where for the purposes of any provision of this Chapter it falls to a court to determine whether anything is (or, as the case may be, was) in the public interest, the court must have regard, in particular, to the matters referred to in subsection (2) (so far as relevant).
(2)Those matters are—
(a)the interest in each of the following—
(i)the open reporting of crime,
(ii)the open reporting of matters relating to human health or safety, and
(iii)the prevention and exposure of miscarriages of justice;
(b)the welfare of any person in relation to whom the relevant restrictions imposed by or under this Chapter apply or would apply (or, as the case may be, applied); and
(c)any views expressed—
(i)by an appropriate person on behalf of a person within paragraph (b) who is under the age of 16 (“the protected person”), or
(ii)by a person within that paragraph who has attained that age.
(3)In subsection (2) “an appropriate person”, in relation to the protected person, has the same meaning as it has for the purposes of section 50.
Modifications etc. (not altering text)
C1S. 52 modified (6.12.2006) by The Youth Justice and Criminal Evidence Act 1999 (Application to Courts-Martial) Order 2006 (S.I. 2006/2886), art. 1(1), Sch. 2 (with art. 3)
C2S. 52 modified (6.12.2006) by The Youth Justice and Criminal Evidence Act 1999 (Application to Standing Civilian Courts) Order 2006 (S.I. 2006/2888), art. 1(1), Sch. 2 (with art. 3)
Commencement Information
I1Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4)
I2S. 52 in force at 7.10.2004 for specified purposes for E.W. by S.I. 2004/2428, art. 2(c)
I3S. 52 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(b)
I4S. 52 in force at 8.11.2004 for specified purposes for N.I. by S.R. 2004/467, art. 2(d)