OpenLegislation

Section 46 Power to prohibit publication of certain matter in newspapers.C3C1F1C2

(1)

In relation to any proceedings in any court . . . F2, the court may direct that—

(a)

no newspaper report of the proceedings shall reveal the name, address, or school, or include any particulars calculated to lead to the identification, of F3a person under the age of seventeen years concerned in the proceedings, either as being the person F4by or against or in respect of whom the proceedings are taken, or as being a witness therein;

(b)

no picture shall be published in any newspaper as being or including a picture of a person under the age of seventeen years so concerned in the proceedings as aforesaid;

except in so far (if at all) as may be permitted by the direction of the court.

(2)

Any person who publishes any matter in contravention of any such direction shall on summary conviction be liable in respect of each offence to a fine not exceeding F5level 4 on the standard scale.

Annotations

Textual amendments

F1

S. 46 repealed (E.W.)(S.) by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460, Sch. 10 Pt. I so far as relating to criminal proceedings; extended by Children and Young Persons Act 1963 (c. 37), s. 57(3)(4)

F2

Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5

F3

Words substituted by Social Work (Scotland) Act 1968 (c. 49), Sch. 2 para. 7

F4

Words substituted by Children and Young Persons Act 1963 (c. 37), s. 57(1)

F5

Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (1.4.1996) that s. 46(2) shall have effect as if the maximum fine that may be imposed on a summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine not exceeding £50

Modifications

C1

S. 46 applied with modifications by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 4(2)

C2

S. 46 applied (4.4.2005) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 111(5), 145(2); S.S.I. 2004/420, art. 3, sch. 5

C3

S. 46 extended with modifications by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1), Sch. 5 para. 5(3)

Notes on the whole Act

Textual amendments

F1

Act repealed in so far as it extends to Isle of Man (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 11(5)

Notes on Part IV

Modifications

C1

Pt. IV amended by Social Work (Scotland) Act 1968 (c. 49), Sch. 2 Pt. I paras, 1, 2