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Children and Young Persons Act 1933

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Children and Young Persons Act 1933, Section 39 is up to date with all changes known to be in force on or before 15 November 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 12D(1A)-(1F) inserted by 2017 anaw 2 s. 51
  • s. 39(2A) inserted by 2010 c. 26 Sch. 3 para. 3 (This amendment not applied to legislation.gov.uk. Sch. 3 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))

39 Power to prohibit publication of certain matterF1.... E+W

(1)In relation to any proceedings[F2, other than criminal proceedings,] in any court . . . F3, the court may direct that [F4the following may not be included in a publication]

(a)F5...the name, address or school F6... of any child or young person concerned in the proceedings, either as being the person [F7by or against] or in respect of whom the proceedings are taken, or as being a witness therein:

[F8(aa)any particulars calculated to lead to the identification of a child or young person so concerned in the proceedings;]

(b)[F9a picture that is or includes] a picture of any child or young person so concerned in the proceedings F10...;

except in so far (if at all) as may be permitted by the direction of the court.

(2)Any person who [F11includes matter in a publication] in contravention of any such direction shall on summary conviction be liable in respect of each offence to a fine not exceeding [F12level 5 on the standard scale].

[F13(3)In this section—

  • publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include a document prepared for use in particular legal proceedings;

  • relevant programme” means a programme included in a programme service within the meaning of the Broadcasting Act 1990.]

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Amendments (Textual)

F1Words in s. 39 heading omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 79(8), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 64 (with Sch. 2 para. 5)

Modifications etc. (not altering text)

C3S. 39 applied (31.8.2009 for specified purposes, 1.4.2010 for specified purposes, 1.11.2010 for specified purposes) by Violent Crime Reduction Act 2006 (c. 38), ss. 11(8)(b)(10), 66(2); S.I. 2009/1840, art. 3(c); S.I. 2010/469, arts. 3(c), 4, Sch.; S.I. 2010/2541, arts. 3(b), 4, Sch.

C4S. 39 applied (1.4.2010 for specified purposes, 1.11.2010 for specified purposes) by Violent Crime Reduction Act 2006 (c. 38), ss. 7(9)(b), 66(2); S.I. 2010/469, arts. 2(b), 4, Sch.;S.I. 2010/2541, arts. 2(b), 4, Sch.

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