OpenLegislation

Section 57 Newspaper and broadcast reports of proceedings involving children.C3

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

C1(1)

In section 39 of the principal Act and in section of the principal Scottish Act (which empower a court to prohibit the publication in newspapers of pictures or matter leading to the identifleation of children and young persons concerned in certain proceedings) the words “which arise out of any offence against, or any conduct contrary to, decency or morality” shall be omitted and for the word “against” in paragraph (a) there shall be substituted the words “by or against”.

F1(2)

F2. . . section 54 of the principal Scottish Act (which restrict newspaper reports of proceedings in F3youth courts) shall, with the necessary modifications, apply in relation to any proceedings on appeal from a youth court (including . . ., in Scotland, stated case) as they apply in relation to proceedings in a youth court.

F4(3)

F5Sections 39 and 49 of the principal Act shall extend to Scotland and the said section 46 shall extend to England and Wales, but—

(a)

references to a court in the said sections 39 and 49 shall not include a court in Scotland;

(F6aa)

as it extends to Scotland, the said section 39 has effect as if the references to a publication were references to a newspaper; and

(b)

references to a court in the said section 46 shall not include a court in England or Wales.

C2(4)

The said sections 39 and 49 and the said sections 46 . . . F7 shall, with the necessary modifications, apply in relation to sound and television broadcasts as they apply in relation to newspapers.

Annotations

Textual amendments

F1

S. 57(2) repealed (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

F2

Words in s. 57(2) repealed (3.2.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/127, art. 2(1), Sch. 1 Appendix c

F3

Words in s. 57 substituted (1.10.1992) (E.W.) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(e); S.I. 1992/333, art. 2(2), Sch. 2

F4

S. 57(3) substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 53

F5

Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 45

F6

S. 57(3)(aa) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 79(10), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 64 (with Sch. 2 para. 5)

F7

Words repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

Modifications

C1

The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C2

S. 57(4) amended (prosp.)(retrospectively) by 1999 c. 23, ss. 67(1), 68(3), Sch. 4 paras. 21, 24 (with Sch. 7 paras. 3(3), 5(2))

C3

The “said section 46” means Children and Young Persons (Scotland) Act 1937 (c. 37), s. 46

Notes on Part III

Modifications

C1

Pt. III (except s. 56) amended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1