sec.12Restriction on publication of information, evidence and the like given in bail application

### sec.12 Restriction on publication of information, evidence and the like given in bail application Where the complainant or prosecutor or a person appearing on behalf of the Crown opposes a defendant’s release under this part or the Youth Justice Act 1992 , part 5 , the court, at any time during the hearing of the application for bail, may make an order directing that the evidence taken, the information furnished, the representations made by or on behalf of either party or the reasons given by the court for the grant or refusal of bail or release under section 11A or any part thereof or any of them shall not be published by any means— if an examination of witnesses in relation to an indictable offence is held—before the defendant is discharged; or if the defendant is tried or committed for trial—before the trial is ended. A person who fails without lawful excuse, the proof of which lies upon the person, to comply with an order made under subsection (1) commits an offence against this Act. Maximum penalty—10 penalty units or imprisonment for 6 months. s 12 amd 1993 No. 34 s 2 sch ; 2000 No. 43 s 7 ; 2002 No. 39 s 125 ; 1992 No. 44 s 341 sch 3 (amd 2002 No. 39 ss 115 , 118 ); 2009 No. 34 s 45 (1) sch pt 1 amdt 3 (sec.12-ssec.1) Where the complainant or prosecutor or a person appearing on behalf of the Crown opposes a defendant’s release under this part or the Youth Justice Act 1992 , part 5 , the court, at any time during the hearing of the application for bail, may make an order directing that the evidence taken, the information furnished, the representations made by or on behalf of either party or the reasons given by the court for the grant or refusal of bail or release under section 11A or any part thereof or any of them shall not be published by any means— if an examination of witnesses in relation to an indictable offence is held—before the defendant is discharged; or if the defendant is tried or committed for trial—before the trial is ended. (sec.12-ssec.2) A person who fails without lawful excuse, the proof of which lies upon the person, to comply with an order made under subsection (1) commits an offence against this Act. Maximum penalty—10 penalty units or imprisonment for 6 months. - (a) if an examination of witnesses in relation to an indictable offence is held—before the defendant is discharged; or - (b) if the defendant is tried or committed for trial—before the trial is ended.