Youth Justice and Criminal Evidence Bill [H.L.] - continued        House of Lords
PART II, GIVING OF EVIDENCE OR INFORMATION FOR PURPOSES OF CRIMINAL PROCEEDINGS - continued

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Other restrictions
Amendments relating to other reporting restrictions.     47. Schedule 2, which contains amendments relating to reporting restrictions under-
 
 
    (a) the Children and Young Persons Act 1933,
 
    (b) the Sexual Offences (Amendment) Act 1976,
 
    (c) the Sexual Offences (Northern Ireland) Order 1978,
 
    (d) the Sexual Offences (Amendment) Act 1992, and
 
    (e) the Criminal Justice (Northern Ireland) Order 1994,
  shall have effect.
 
 
Offences
Offences under this Chapter.     48. - (1) This section applies if a publication-
 
 
    (a) includes any matter in contravention of section 43(2) or of a direction under section 44(3) or 45(2); or
 
    (b) includes a report in contravention of section 46.
      (2) Where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical is guilty of an offence.
 
      (3) Where the publication is a relevant programme-
 
 
    (a) any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included, and
 
    (b) any person having functions in relation to the programme corresponding to those of an editor of a newspaper,
  is guilty of an offence.
 
      (4) In the case of any other publication, any person publishing it is guilty of an offence.
 
      (5) Where a person is charged with an offence under this section 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 publication included the matter or report in question.
 
      (6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 
      (7) Proceedings for an offence under this section in respect of a publication falling within subsection (1)(b) may not be instituted-
 
 
    (a) in England and Wales otherwise than by or with the consent of the Attorney General, or
 
    (b) in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland.
Offences committed by bodies corporate.     49. - (1) If an offence under section 48 committed by a body corporate is proved-
 
 
    (a) to have been committed with the consent or connivance of, or
 
    (b) to be attributable to any neglect on the part of,
  an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
 
      (2) In subsection (1) "officer" means a director, manager, secretary, or other similar officer of the body, or a person purporting to act in any such capacity.
 
      (3) If the affairs of a body corporate are managed by its members, "director" in subsection (2) means a member of that body.
 
      (4) Where an offence under section 48 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.
 
 
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