Youth Justice and Criminal Evidence Act 1999

Prospective

Reporting restrictions E+W+S+N.I.

6 (1) Section 44 applies in relation to an alleged offence whether the criminal investigation into it is begun before or after the coming into force of that section. E+W+S+N.I.

(2) The restrictions imposed by subsection (2) of section 44 do not apply to the inclusion of matter in a publication if—

(a) where the publication is a relevant programme, it is transmitted, or

(b) in the case of any other publication, it is published,

before the coming into force of that section.

(3) Nothing in section 45 or 46 applies in relation to proceedings instituted before the commencement date for that section.

(4) In sub-paragraph (3) the reference to the institution of proceedings shall be construed—

(a) in the case of proceedings in England in Wales (other than proceedings before a service court), in accordance with paragraph 1(2);

(b) in the case of proceedings in Northern Ireland (other than proceedings before a service court), in accordance with sub-paragraph (5);

(c) in the case of proceedings before a service court (wherever held) in accordance with sub-paragraph (6).

(5) In the case of proceedings falling within sub-paragraph (4)(b)—

(a) proceedings other than proceedings on appeal are to be taken to be instituted—

(i) where a justice of the peace issues a summons under Article 20 of the M1 Magistrates’ Courts (Northern Ireland) Order 1981, when the complaint for the offence is made;

(ii) where a justice of the peace issues a warrant for the arrest of any person under that Article, when the complaint for the offence is made;

(iii) where a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge;

(iv) where an indictment is presented under the authority of section 2(2)(c), (d), (e) or (f) of the M2 Grand Jury (Abolition) Act (Northern Ireland) 1969, when the indictment is presented to the court;

and where the application of this paragraph would result in there being more than one time for the institution of the proceedings, they shall be taken to have been instituted at the earliest of those times; and

(b) proceedings on appeal are to be taken to be instituted at the time when the notice of appeal is given or (as the case may be) the reference under section 10 or 12 of the M3 Criminal Appeal Act 1995 is made.

(6) In the case of proceedings falling within sub-paragraph (4)(c)—

(a) proceedings other than proceedings on appeal are to be taken to be instituted when the prosecuting authority prefers a charge in respect of the offence under section 83B(4) of the M4 Army Act 1955, section 83B(4) of the M5 Air Force Act 1955 or section 52I(4) of the M6 Naval Discipline Act 1957; and

(b) proceedings on appeal are to be taken to be instituted when the application for leave to appeal is lodged in accordance with section 9 of the M7 Courts-Martial (Appeals) Act 1968 or (as the case may be) the reference under section 34 of that Act is made.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M1 S.I. 1981/1675 (N.I. 26).

M2 1969 c. 15 (N.I.).

M3 1995 c. 35.

M4 1955 c. 18.

M5 1955 c. 19.

M6 1957 c. 53.

M7 1968 c. 20.