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Restrictions On Publication In The Interests Of Justice

Volume 405: debated on Monday 19 May 2003

The text on this page has been created from Hansard archive content, it may contain typographical errors.

"(1) Where it appears to the Court of Appeal that the inclusion of any matter in a publication would give rise to a substantial risk of prejudice to the administration of justice in a retrial, the court may order that the matter is not to be included in any publication while the order has effect.

(2) In subsection (1) "retrial" means the trial of an acquitted person for a qualifying offence pursuant to any order made or that may be made under section 65.

(3) The court may make an order under this section only if it appears to it necessary in the interests of justice to do so.

(4) An order under this section may apply to a matter which has been included in a publication published before the order takes effect, but such an order—

  • (a) applies only to the later inclusion of the matter in a publication (whether directly or by inclusion of the earlier publication), and
  • (b) does not otherwise affect the earlier publication.
  • (5) After notice of an application has been given under section 68(1) relating to the acquitted person and the qualifying offence, the court may make an order under this section only—

  • (a) of its own motion, or
  • (b) on the application of the Director of Public Prosecutions.
  • (6) Before such notice has been given, an order under this section—

  • (a) may be made only on the application of the Director of Public Prosecutions, and
  • (b) may not be made unless, since the acquittal concerned, an investigation of the commission by the acquitted person of the qualifying offence has been commenced by officers.
  • (7) The court may at any time, of its own motion or on an application made by the Director of Public Prosecutions or the acquitted person, vary or revoke an order under this section.

    (8) Any order made under this section before notice of an application has been given under section 68(1) relating to the acquitted person and the qualifying offence must specify the time when it ceases to have effect.

    (9) An order under this section which is made or has effect after such notice has been given ceases to have effect, unless it specifies an earlier time—

  • (a) when there is no longer any step that could be taken which would lead to the acquitted person being tried pursuant to an order made on the application, or
  • (b) if he is tried pursuant to such an order, at the conclusion of the trial.
  • (10) Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of any matter in a publication or any power, under an enactment or otherwise, to impose such a prohibition or restriction.

    (11) In this section—

    "programme service" has the same meaning as in the Broadcasting Act 1990 (c. 42),
    "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 is to be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings,
    "relevant programme" means a programme included in a programme service.'.—[Paul Goggins,]

    Brought up, read the First and Second time, and added to the Bill.