36. (1) Subject to subsection (2) and any direction given under subsection (4), where a person is charged with an offence under section 33, a person who publishes or broadcasts information about, or a photograph, depiction or other representation of the physical likeness of, the relevant person, the person charged or a dependent person of either of them that is likely to enable the identification of the relevant person or the person charged commits an offence.

(2) A person does not commit an offence under subsection (1) where—

(a) the relevant person consents in court to being identified or to the person charged being identified, or both, and

(b) the court, having considered the effect of identification on a dependent person of either the relevant person or the person charged, consents to that identification.

(3) If any matter is published or broadcast in contravention of subsection (1), the following persons commit an offence:

(a) in the case of matter published in a newspaper or periodical publication, the proprietor, the editor and the publisher thereof;

(b) in the case of matter published in any other written publication, the publisher thereof;

(c) in the case of matter broadcast, each person who transmits or provides the programme in which the broadcast is made and each person who performs functions in relation to the programme corresponding to those of the editor of a newspaper.

(4) The judge of the court in which proceedings for an offence under section 33 are brought may, where he or she considers that the interests of justice so require, direct that such information to which subsection (1) applies as he or she shall specify in the direction, may be published or broadcast in such manner and subject to such conditions as he or she may specify in the direction.

(5) In this section—

“broadcast” has the same meaning as it has in the Broadcasting Act 2009;

“publish” means publish, other than by way of broadcast, to the public or a portion of the public;

“relevant person” means the applicant for the order referred to in section 33(1) to which the offence relates.