(1)Where an allegation has been made that an offence to which this Act applies has been committed against a person, [F1no matter relating to that person shall during that person’s lifetime be included in any publication] if it is likely to lead members of the public to identify that person as the person against whom the offence is alleged to have been committed.
(2)Where a person is accused of an offence to which this Act applies, no matter likely to lead members of the public to identify a person as the person against whom the offence is alleged to have been committed (“the complainant”) shall during the complainant’s lifetime [F2be included in any publication.]
[F3(3)This section—
(a)does not apply in relation to a person by virtue of subsection (1) at any time after a person has been accused of the offence, and
(b)in its application in relation to a person by virtue of subsection (2), has effect subject to any direction given under section 3.
(3A)The matters relating to a person in relation to which the restrictions imposed by subsection (1) or (2) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular—
(a)the person’s name,
(b)the person’s address,
(c)the identity of any school or other educational establishment attended by the person,
(d)the identity of any place of work, and
(e)any still or moving picture of the person.]
(4)Nothing in this section prohibits the [F4inclusion in a publication] of matter consisting only of a report of criminal proceedings other than proceedings at, or intended to lead to, or on an appeal arising out of, a trial at which the accused is charged with the offence.
Textual Amendments
F1Words in s. 1(1) substituted (7.10.2004 for E.W., 7.10.2004 for S. for specified purposes, 8.11.2004 for N.I.) by Youth Justice and Criminal Evidence Act 1999 (c. 23), s. 68(3)(4), Sch. 2 para. 7(2) (with Sch. 7); S.S.I. 2004/408, art. 3(c); S.R. 2004/467, art. 2(c); S.I. 2004/2428, art. 2(e)
F2Words in s. 1(2) substituted (7.10.2004 for E.W., 7.10.2004 for S. for specified purposes, 8.11.2004 for N.I.) by Youth Justice and Criminal Evidence Act 1999 (c. 23), s. 68(3)(4), Sch. 2 para. 7(3) (with Sch. 7); S.S.I. 2004/408, art. 3(c); S.R. 2004/467, art. 2(c); S.I. 2004/2428, art. 2(e)
F3S. 1(3)(3A) substituted for s. 1(3) (7.10.2004 for E.W., 7.10.2004 for S. for specified purposes, 8.11.2004 for N.I.) by Youth Justice and Criminal Evidence Act 1999 (c. 23), s. 68(3)(4), Sch. 2 para. 7(4) (with Sch. 7); S.S.I. 2004/408, art. 3(c); S.R. 2004/467, art. 2(c); S.I. 2004/2428, art. 2(e)
F4Words in s. 1(4) substituted (7.10.2004 for E.W., 7.10.2004 for S. for specified purposes, 8.11.2004 for N.I.) by Youth Justice and Criminal Evidence Act 1999 (c. 23), s. 68(3)(4), Sch. 2 para. 7(5) (with Sch. 7); S.S.I. 2004/408, art. 3(c); S.R. 2004/467, art. 2(c); S.I. 2004/2428, art. 2(e)
Commencement Information
I1S. 1 wholly in force at 1.8.1992 see s. 8(3) and S.I. 1992/1336, art. 2
(1)Where an allegation has been made that an offence to which this Act applies has been committed against a person, [F5no matter relating to that person [F6shall—
(a)during that person’s lifetime, or
(b)during the period of 25 years beginning with the date of that person’s death,
be included] in any publication] if it is likely to lead members of the public to identify that person as the person against whom the offence is alleged to have been committed.
(2)Where a person is accused of an offence to which this Act applies, no matter likely to lead members of the public to identify a person as the person against whom the offence is alleged to have been committed (“the complainant”) [F7shall—
(a)during the complainant’s lifetime, or
(b)during the period of 25 years beginning with the date of the complainant’s death,
be included] [F8in any publication.]
[F9(3)This section—
(a)does not apply in relation to a person by virtue of subsection (1) at any time after a person has been accused of the offence, and
(b)in its application in relation to a person by virtue of subsection (2), has effect subject to any direction given under section 3 [F10and
(c)has effect subject to any order made under section 3A.]
(3A)The matters relating to a person in relation to which the restrictions imposed by subsection (1) or (2) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular—
(a)the person’s name,
(b)the person’s address,
(c)the identity of any school or other educational establishment attended by the person,
(d)the identity of any place of work, and
(e)any still or moving picture of the person.]
(4)Nothing in this section prohibits the [F11inclusion in a publication] of matter consisting only of a report of criminal proceedings other than proceedings at, or intended to lead to, or on an appeal arising out of, a trial at which the accused is charged with the offence.
Textual Amendments
F5Words in s. 1(1) substituted (7.10.2004 for E.W., 7.10.2004 for S. for specified purposes, 8.11.2004 for N.I.) by Youth Justice and Criminal Evidence Act 1999 (c. 23), s. 68(3)(4), Sch. 2 para. 7(2) (with Sch. 7); S.S.I. 2004/408, art. 3(c); S.R. 2004/467, art. 2(c); S.I. 2004/2428, art. 2(e)
F6Words in s. 1(1) substituted (N.I.) (28.9.2023) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), ss. 8(2), 30(2); S.R. 2023/142, art. 3
F7Words in s. 1(2) substituted (N.I.) (28.9.2023) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), ss. 8(3), 30(2); S.R. 2023/142, art. 3
F8Words in s. 1(2) substituted (7.10.2004 for E.W., 7.10.2004 for S. for specified purposes, 8.11.2004 for N.I.) by Youth Justice and Criminal Evidence Act 1999 (c. 23), s. 68(3)(4), Sch. 2 para. 7(3) (with Sch. 7); S.S.I. 2004/408, art. 3(c); S.R. 2004/467, art. 2(c); S.I. 2004/2428, art. 2(e)
F9S. 1(3)(3A) substituted for s. 1(3) (7.10.2004 for E.W., 7.10.2004 for S. for specified purposes, 8.11.2004 for N.I.) by Youth Justice and Criminal Evidence Act 1999 (c. 23), s. 68(3)(4), Sch. 2 para. 7(4) (with Sch. 7); S.S.I. 2004/408, art. 3(c); S.R. 2004/467, art. 2(c); S.I. 2004/2428, art. 2(e)
F10S. 1(3)(c) and word inserted (N.I.) (28.9.2023) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), ss. 9(2), 30(2); S.R. 2023/142, art. 3
F11Words in s. 1(4) substituted (7.10.2004 for E.W., 7.10.2004 for S. for specified purposes, 8.11.2004 for N.I.) by Youth Justice and Criminal Evidence Act 1999 (c. 23), s. 68(3)(4), Sch. 2 para. 7(5) (with Sch. 7); S.S.I. 2004/408, art. 3(c); S.R. 2004/467, art. 2(c); S.I. 2004/2428, art. 2(e)
Commencement Information
I2S. 1 wholly in force at 1.8.1992 see s. 8(3) and S.I. 1992/1336, art. 2