Criminal Procedure Act 1967

F22[Proceedings not to be published or broadcast.

4J
4J

4J.(1) No person shall publish or broadcast or cause to be published or broadcast any information about a proceeding under this Part other than

(a) a statement of

(i) the fact that the proceeding has been brought by a named person in relation to a specified charge against a named person, and

(ii) any decision resulting from the proceeding,

and

(b) in the case of an application under section 4E for the dismissal of a charge against the accused, any information that the judge hearing the application permits to be published or broadcast at the request of the accused.

(2) If, on application by the prosecutor, it appears to a judge of the District Court that a person has contravened subsection (1), the judge may certify to that effect to the High Court.

(3) On receiving a certificate under subsection (2), the High Court may

(a) inquire into the matter to which the certificate relates, and

(b) after hearing any witnesses and after considering any statement that may be offered in defence of the person alleged to have contravened subsection (1), punish, or take steps for the punishment of, that person in the like manner as if he had been guilty of contempt of the Court.

(4) This section shall not affect

(a) the operation of any other enactment that imposes further restrictions on the extent to which information relating to court proceedings may be published or broadcast, or

(b) any power conferred on a court by such an enactment to make an order authorising the publication or broadcast of such information.

(5) In this section

broadcast means the transmission, relaying or distribution by wireless telegraphy of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether or not such communications, sounds, signs, visual images or signals are actually received;

publish means publish to the public or a portion of the public.]

Annotations

Amendments:

F22

Inserted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 9, S.I. No. 193 of 2001.