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Youth Justice and Criminal Evidence Act 1999

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45 Power to restrict reporting of criminal proceedings involving persons under 18.E+W+S+N.I.
This sectionnoteType=Explanatory Notes has no associated

(1)This section applies (subject to subsection (2)) in relation to—

(a)any criminal proceedings in any court (other than a service court) in England and Wales or Northern Ireland; and

(b)any proceedings (whether in the United Kingdom or elsewhere) in any service court.

(2)This section does not apply in relation to any proceedings to which section 49 of the M1Children and Young Persons Act 1933 applies.

(3)The court may direct that no matter relating to any person concerned in the proceedings shall while he is under the age of 18 be included in any publication if it is likely to lead members of the public to identify him as a person concerned in the proceedings.

(4)The court or an appellate court may by direction (“an excepting direction”) dispense, to any extent specified in the excepting direction, with the restrictions imposed by a direction under subsection (3) if it is satisfied that it is necessary in the interests of justice to do so.

(5)The court or an appellate court may also by direction (“an excepting direction”) dispense, to any extent specified in the excepting direction, with the restrictions imposed by a direction under subsection (3) if it is satisfied—

(a)that their effect is to impose a substantial and unreasonable restriction on the reporting of the proceedings, and

(b)that it is in the public interest to remove or relax that restriction;

but no excepting direction shall be given under this subsection by reason only of the fact that the proceedings have been determined in any way or have been abandoned.

(6)When deciding whether to make—

(a)a direction under subsection (3) in relation to a person, or

(b)an excepting direction under subsection (4) or (5) by virtue of which the restrictions imposed by a direction under subsection (3) would be dispensed with (to any extent) in relation to a person,

the court or (as the case may be) the appellate court shall have regard to the welfare of that person.

(7)For the purposes of subsection (3) any reference to a person concerned in the proceedings is to a person—

(a)against or in respect of whom the proceedings are taken, or

(b)who is a witness in the proceedings.

(8)The matters relating to a person in relation to which the restrictions imposed by a direction under subsection (3) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular—

(a)his name,

(b)his address,

(c)the identity of any school or other educational establishment attended by him,

(d)the identity of any place of work, and

(e)any still or moving picture of him.

(9)A direction under subsection (3) may be revoked by the court or an appellate court.

(10)An excepting direction—

(a)may be given at the time the direction under subsection (3) is given or subsequently; and

(b)may be varied or revoked by the court or an appellate court.

(11)In this section “appellate court”, in relation to any proceedings in a court, means a court dealing with an appeal (including an appeal by way of case stated) arising out of the proceedings or with any further appeal.

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Commencement Information

I1S. 45 partly in force; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4)

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