OpenLegislation

Section 61 Reporting of assertions: commencement and supplementary.C1

United Kingdom

(1)

F1Section 58 applies where the offence mentioned in subsection (1) or (2) of that section is committed on or after the appointed day.

P1(2)

The reference in subsection (1) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

(3)

Nothing in section 58 or 59 affects any prohibition or restriction imposed by virtue of any other enactment on a publication or on matter included in a programme.

F2(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

In section 159 of the M1Criminal Justice Act 1988 (appeal to Court of Appeal against orders restricting reports etc.) in subsection (1) the following paragraph shall be inserted after paragraph (a)—

“(aa)

an order made by the Crown Court under section 58(7) or (8) of the M2Criminal Procedure and Investigations Act 1996 in a case where the Court has convicted a person on a trial on indictment;”.

Annotations

Textual amendments

F1

S. 61(1)-(3) omitted (E.W.S.) (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 139 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F2

S. 61(4)(5) repealed (12.1.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(2)(e)(ix), Sch. 23 Pt. 2 (with s. 180)

Marginal citations

M1

1988 c.33.

M2

1996 c. 00.

Modifications

C1

S. 61 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

Subordinate legislation made

P1

S. 61(2) power wholly exercised (8.3.1997 and 9.6.1997): 1.4.1997 appointed day (E.W.S) by S.I. 1997/682; 30.6.1997 appointed day (N.I.) by S.I. 1997/1504.

Notes on Derogatory assertions (Northern Ireland)

Textual amendments

F1

Words in s. 58 cross-heading inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 135 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2