Part IIGiving of evidence or information for purposes of criminal proceedings
Chapter IVReporting restrictions
Supplementary
52Decisions as to public interest for purposes of Chapter IV
1
Where for the purposes of any provision of this Chapter it falls to a court to determine whether anything is (or, as the case may be, was) in the public interest, the court must have regard, in particular, to the matters referred to in subsection (2) (so far as relevant).
2
Those matters are—
a
the interest in each of the following—
i
the open reporting of crime,
ii
the open reporting of matters relating to human health or safety, and
iii
the prevention and exposure of miscarriages of justice;
b
the welfare of any person in relation to whom the relevant restrictions imposed by or under this Chapter apply or would apply (or, as the case may be, applied); and
c
any views expressed—
i
by an appropriate person on behalf of a person within paragraph (b) who is under the age of 16 (“the protected person”), or
ii
by a person within that paragraph who has attained that age.
3
In subsection (2) “an appropriate person”, in relation to the protected person, has the same meaning as it has for the purposes of section 50.