41.— (1) A person who contravenes section 36(1) is guilty of an offence.

(2) Any person, in addition to the person to whom a draft report was given under section 34, who publishes the draft report is guilty of an offence, regardless of how he or she acquired the draft report or its content.

(3) In any proceedings of a court relating to subsection (1) or (2), the court may order that all or part of such proceedings be held otherwise than in public, or may impose restrictions with regard to the disclosure in open court, publication or reporting of all or part of the content of the draft report concerned.

(4) A person who contravenes section 37(1) is guilty of an offence.

(5) Any person, in addition to the person to whom a document referred to in section 37(1) was given, who publishes the document is guilty of an offence, regardless of how he or she acquired the document or its content.

(6) In any proceedings of a court relating to subsection (4) or (5), the court may order that all or part of such proceedings be held otherwise than in public, or may impose restrictions with regard to the disclosure in open court, publication or reporting of the document concerned.

(7) A person guilty of an offence under subsection (1), (2), (4) or (5) is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or both.