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Children Act 1989

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97 Privacy for children involved in certain proceedings.E+W

(1)Rules made under section 144 of the M1Magistrates’ Courts Act 1980 may make provision for a magistrates’ court to sit in private in proceedings in which any powers under this Act [F1or the Adoption and Children Act 2002] may be exercised by the court with respect to any child.

(2)No person shall publish [F2to the public at large or any section of the public] any material which is intended, or likely, to identify—

(a)any child as being involved in any proceedings before [F3the High Court, a county court or] a magistrates’ court in which any power under this Act [F1or the Adoption and Children Act 2002] may be exercised by the court with respect to that or any other child; or

(b)an address or school as being that of a child involved in any such proceedings.

(3)In any proceedings for an offence under this section it shall be a defence for the accused to prove that he did not know, and had no reason to suspect, that the published material was intended, or likely, to identify the child.

(4)The court or the [F4Lord Chancellor] may, if satisfied that the welfare of the child requires it [F5and, in the case of the Lord Chancellor, if the Lord Chief Justice agrees] , by order dispense with the requirements of subsection (2) to such extent as may be specified in the order.

(5)For the purposes of this section—

  • publish” includes—

    (a)

    [F6include in a programme service (within the meaning of the Broadcasting Act 1990);]

    (b)

    cause to be published; and

  • material” includes any picture or representation.

(6)Any person who contravenes this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(7)Subsection (1) is without prejudice to—

(a)the generality of the rule making power in section 144 of the Act of 1980; or

(b)any other power of a magistrates’ court to sit in private.

(8)[F7Sections 69 (sittings of magistrates’; courts for family proceedings) and 71 (newspaper reports of certain proceedings) of the Act of 1980] shall apply in relation to any proceedings [F8(before a magistrates’ court)] to which this section applies subject to the provisions of this section.

[F9(9)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4).]

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Amendments (Textual)

F1Words in s. 97(1)(2) inserted (30.12.2005) by 2002 c. 38, ss. 101(3), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(h)

F2Words in s. 97(2) inserted (12.4.2005) by Children Act 2004 (c. 31), s. 62(1); S.I. 2005/847, art. 2

F3Words in s. 97(2) inserted (27.9.1999) by 1999 c. 22, ss. 72, 108(3) (with s. 107, Sch. 14 para. 7(2))

F4Words in s. 97(4) substituted (1.4.1992) by S.I. 1992/709, art. 3(2), Sch. 2 (with art. 5(2)).

F8Words in s. 97(8) inserted (27.7.1999) by 1999 c. 22, ss. 72, 108(3) (with s. 107, Sch. 14 para. 7(2))

Modifications etc. (not altering text)

C1S. 97(2) excluded (27.9.1999) by 1999 c. 22, ss. 105, 108(1), Sch. 14 Pt. IV para. 18 (with s. 107, Sch. 14 para. 7(2))

C2S. 97(4): functions of the Secretary of State transferred to the Lord Chancellor (1.4.1992) by S.I. 1992/709, art. 3(1), Sch. 2 (with art. 5(2)).

Commencement Information

I1S. 97 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

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