F1SCHEDULE 1Anonymity of victims

Annotations:
Amendments (Textual)

Penalty for breaching prohibition imposed by paragraph 1(2)

2

1

If anything is included in a publication in contravention of the prohibition imposed by paragraph 1(2), each of the persons responsible for the publication is guilty of an offence.

2

A person guilty of an offence under this paragraph is liable—

a

on summary conviction in England and Wales, to a fine;

b

on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale.

3

The persons responsible for a publication are as follows—

Type of publication

Persons responsible

Newspaper or other periodical

Any person who is a proprietor, editor or publisher of the newspaper or periodical.

Relevant programme

Any person who—

  1. a

    is a body corporate engaged in providing the programme service in which the programme is included, or

  2. b

    has functions in relation to the programme corresponding to those of an editor of a newspaper.

Any other kind of publication

Any person who publishes the publication.

4

If an offence under this paragraph is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

a

a senior officer of a body corporate, or

b

a person purporting to act in such a capacity,

the senior officer or person (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

5

Senior officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate; and for this purpose “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

6

Proceedings for an offence under this paragraph—

a

if alleged to have been committed in England and Wales, may not be instituted except by, or with the consent of, the Attorney General;

b

if alleged to have been committed in Northern Ireland, may not be instituted except by, or with the consent of, the Director of Public Prosecutions for Northern Ireland.