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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  CHAPTER IV
  REPORTING RESTRICTIONS
 
Reports relating to persons under 18
Restrictions on reporting alleged offences involving persons under 18.     43. - (1) This section applies where a criminal investigation has begun in respect of-
 
 
    (a) an alleged offence against the law of-
 
      (i) England and Wales, or
 
      (ii) Northern Ireland; or
 
    (b) an alleged civil offence (other than an offence falling within paragraph (a)) committed (whether or not in the United Kingdom) by a person subject to service law.
      (2) No matter relating to any person involved in the offence when a minor shall while that person 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 involved in the offence.
 
      (3) But the restrictions imposed by subsection (2) cease to apply once there are proceedings in a court (whether a court in England and Wales, a service court or a court in Northern Ireland) in respect of the offence.
 
      (4) For the purposes of subsection (2) any reference to a person involved in the offence is to a person-
 
 
    (a) by, against or in respect of whom the offence is alleged to have been committed, or
 
    (b) who is alleged to have been a witness to the commission of the offence;
  and any reference to a person involved in the offence when a minor is to a person involved in the offence who was under the age of 18 at the time alleged to be the time when (or at any time in the period alleged to be the period during which) the offence was committed.
 
      (5) For the purposes of subsection (2) the matters relating to a person shall be taken to 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.
      (6) Any appropriate criminal court may by order dispense, to any extent specified in the order, with the restrictions imposed by subsection (2) in relation to a person if it is satisfied that it is necessary in the interests of justice to do so.
 
      (7) However, when deciding whether to make such an order dispensing (to any extent) with the restrictions imposed by subsection (2) in relation to a person, the court shall have regard to the welfare of that person.
 
      (8) In subsection (6) "appropriate criminal court" means-
 
 
    (a) in a case where this section applies by virtue of subsection (1)(a)(i) or (ii), any court in England and Wales or (as the case may be) in Northern Ireland which has any jurisdiction in, or in relation to, any criminal proceedings (but not a service court unless the offence is alleged to have been committed by a person subject to service law);
 
    (b) in a case where this section applies by virtue of subsection (1)(b), any court falling within paragraph (a) or a service court.
      (9) The power under subsection (6) of a magistrates' court in England and Wales may be exercised by a single justice.
 
      (10) In the case of a decision of a magistrates' court in England and Wales, or a court of summary jurisdiction in Northern Ireland, to make or refuse to make an order under subsection (6), the following persons, namely-
 
 
    (a) any person who was a party to the proceedings on the application for the order, and
 
    (b) with the leave of the Crown Court, any other person,
  may, in accordance with rules of court, appeal to the Crown Court against that decision or appear or be represented at the hearing of such an appeal.
 
      (11) On such an appeal the Crown Court-
 
 
    (a) may make such order as is necessary to give effect to its determination of the appeal; and
 
    (b) may also make such incidental or consequential orders as appear to it to be just.
      (12) In this section-
 
 
    (a) "civil offence" means an act or omission which, if committed in England and Wales, would be an offence against the law of England and Wales;
 
    (b) any reference to a criminal investigation, in relation to an alleged offence, is to an investigation conducted by police officers, or other persons charged with the duty of investigating offences, with a view to it being ascertained whether a person should be charged with the offence;
 
    (c) any reference to a person subject to service law is to-
 
      (i) a person subject to military law, air-force law or the Naval Discipline Act 1957, or
 
      (ii) any other person to whom provisions of Part II of the Army Act 1955, Part II of the Air Force Act 1955 or Parts I and II of the Naval Discipline Act 1957 apply (whether with or without any modifications).
Power to restrict reporting of criminal proceedings involving persons under 18.     44. - (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 Children and Young Persons Act 1933 applies.
 
      (3) The court may direct that no matter relating to any person concerned in the proceedings when a minor 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;
  and any reference to a person concerned in the proceedings when a minor is to a person concerned in the proceedings at a time when he is under the age of 18.
 
      (8) For the purposes of subsection (3) the matters relating to a person shall be taken to 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.
 
 
Reports relating to adult witnesses
Power to restrict reports about certain adult witnesses in criminal proceedings.     45. - (1) This section applies where-
 
 
    (a) in any criminal proceedings in any court (other than a service court) in England and Wales or Northern Ireland, or
 
    (b) in any proceedings (whether in the United Kingdom or elsewhere) in any service court,
  a party to the proceedings makes an application for the court to give a reporting direction in relation to a witness in the proceedings (other than the accused) who has attained the age of 18.
 
      In this section "reporting direction" has the meaning given by subsection (6).
 
      (2) If the court determines-
 
 
    (a) that the witness is eligible for protection, and
 
    (b) that giving a reporting direction in relation to the witness is likely to improve-
 
      (i) the quality of evidence given by the witness, or
 
      (ii) the level of co-operation given by the witness to any party to the proceedings in connection with that party's preparation of its case,
 
    the court may give a reporting direction in relation to the witness.
      (3) For the purposes of this section a witness is eligible for protection if the court is satisfied-
 
 
    (a) that the quality of evidence given by the witness, or
 
    (b) the level of co-operation given by the witness to any party to the proceedings in connection with that party's preparation of its case,
  is likely to be diminished by reason of fear or distress on the part of the witness in connection with testifying in the proceedings or (as the case may be) co-operating with that party in connection with its preparation of its case.
 
      (4) In determining whether a witness is eligible for protection the court must take into account, in particular-
 
 
    (a) the nature and alleged circumstances of the offence to which the proceedings relate;
 
    (b) the age of the witness;
 
    (c) such of the following matters as appear to the court to be relevant, namely-
 
      (i) the social and cultural background and ethnic origins of the witness,
 
      (ii) the domestic and employment circumstances of the witness, and
 
      (iii) any religious beliefs or political opinions of the witness;
 
    (d) any behaviour towards the witness on the part of-
 
      (i) the accused,
 
      (ii) members of the family or associates of the accused, or
 
      (iii) any other person who is likely to be an accused or a witness in the proceedings.
      (5) In determining that question the court must in addition consider any views expressed by the witness.
 
      (6) For the purposes of this section a reporting direction in relation to a witness is a direction that no matter relating to the witness shall during the witness's lifetime be included in any publication if it is likely to lead members of the public to identify him as being a witness in the proceedings.
 
      (7) For the purposes of subsection (6) the matters relating to a witness shall be taken to include in particular-
 
 
    (a) the witness's name,
 
    (b) the witness's address,
 
    (c) the identity of any educational establishment attended by the witness,
 
    (d) the identity of any place of work, and
 
    (e) any still or moving picture of the witness.
      (8) In determining whether to give a reporting direction the court shall consider-
 
 
    (a) whether it would be in the interests of justice to do so, and
 
    (b) the public interest in avoiding the imposition of a substantial and unreasonable restriction on the reporting of the proceedings.
      (9) 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 reporting direction if-
 
 
    (a) it is satisfied that it is necessary in the interests of justice to do so, or
 
    (b) it is satisfied-
 
      (i) that the effect of those restrictions is to impose a substantial and unreasonable restriction on the reporting of the proceedings, and
 
      (ii) that it is in the public interest to remove or relax that restriction;
 
    but no excepting direction shall be given under paragraph (b) by reason only of the fact that the proceedings have been determined in any way or have been abandoned.
      (10) A reporting direction may be revoked by the court or an appellate court.
 
      (11) An excepting direction-
 
 
    (a) may be given at the time the reporting direction is given or subsequently; and
 
    (b) may be varied or revoked by the court or an appellate court.
      (12) In this section-
 
 
    (a) "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;
 
    (b) references to the quality of a witness's evidence are to its quality in terms of completeness, coherence and accuracy (and for this purpose "coherence" refers to a witness's ability in giving evidence to give answers which address the questions put to the witness and can be understood both individually and collectively);
 
    (c) references to the preparation of the case of a party to any proceedings include, where the party is the prosecution, the carrying out of investigations into any offence at any time charged in the proceedings.
 
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