Youth Justice and Criminal Evidence Act 1999

Valid from 07/10/2004

11 (1) Section 5 (offences) is amended as follows. U.K.

(2) For subsection (1) substitute—

“(1) If any matter is included in a publication in contravention of section 1, the following persons shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale—

(a) where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b) where the publication is a relevant programme—

(i) any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included; and

(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper;

(c) in the case of any other publication, any person publishing it.”

(3) In subsection (2) (defence where victim consented to publication)—

(a) for “publication of any matter or the inclusion of any matter in a relevant programme” substitute “ inclusion of any matter in a publication ”, and

(b) omit “or programme”.

(4) In subsection (3) (cases where written consent not a defence), at the end insert “ , or that person was under the age of 16 at the time when it was given. ”

(5) In subsection (4) (Attorney General’s consent to prosecution), at the end insert “ if the offence is alleged to have been committed in England and Wales or of the Attorney General for Northern Ireland if the offence is alleged to have been committed in Northern Ireland. ”

(6) In subsection (5) (defence for person unaware of inclusion of prohibited matter), for the words from “or programme” onwards substitute “ included the matter in question. ”

(7) After subsection (5) insert—

“(5A) Where—

(a) a person is charged with an offence under this section, and

(b) the offence relates to the inclusion of any matter in a publication in contravention of section 1(1),

it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the allegation in question had been made.”

(8) After subsection (7) insert—

“(8) Where an offence under this section is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.”