sec.121Power to prohibit publication of proceedings

### sec.121 Power to prohibit publication of proceedings In any proceedings arising out of a charge of having committed an offence defined in part 2 — a magistrate hearing and determining the matter summarily or conducting the examination of witnesses; or the judge presiding at the court to which a person has been committed for trial or sentence; may make an order (which shall remain in force for such time as the magistrate or judge orders) prohibiting the publication of the whole or any part of such proceedings and the name and address of any witness. An application for an order under subsection (1) may be made in chambers in the presence of such person as the magistrate or judge permits and no other person. On the hearing of the application the magistrate or judge may receive and act upon such information as the magistrate or judge thinks fit. When considering an application to prohibit publication regard shall be had to— the safety of any person; and the extent to which the detection of offences of a like nature may be affected; and the need to guarantee the confidentiality of information given by an informer. A person who acts in contravention of an order made by a magistrate under subsection (1) commits an offence against this Act. Maximum penalty—2 years imprisonment. A person who acts in contravention of an order made by a judge under subsection (1) is guilty of a crime. Maximum penalty—5 years imprisonment. This section is in addition to and not in substitution for the Child Protection Act 1999 , sections 192 and 193 and the Youth Justice Act 1992 . s 121 (prev s 48) amd 1988 No. 88 s 3 sch 1 ; 1992 No. 44 s 235 sch 3 ; 1995 No. 18 s 3 sch ; 1999 No. 10 s 205 sch 3 renum 2002 No. 35 s 11 amd 2007 No. 37 s 162 sch ; 2009 No. 34 s 45 (1) sch pt 1 amdt 16 (sec.121-ssec.1) In any proceedings arising out of a charge of having committed an offence defined in part 2 — a magistrate hearing and determining the matter summarily or conducting the examination of witnesses; or the judge presiding at the court to which a person has been committed for trial or sentence; may make an order (which shall remain in force for such time as the magistrate or judge orders) prohibiting the publication of the whole or any part of such proceedings and the name and address of any witness. (sec.121-ssec.2) An application for an order under subsection (1) may be made in chambers in the presence of such person as the magistrate or judge permits and no other person. (sec.121-ssec.3) On the hearing of the application the magistrate or judge may receive and act upon such information as the magistrate or judge thinks fit. (sec.121-ssec.4) When considering an application to prohibit publication regard shall be had to— the safety of any person; and the extent to which the detection of offences of a like nature may be affected; and the need to guarantee the confidentiality of information given by an informer. (sec.121-ssec.5) A person who acts in contravention of an order made by a magistrate under subsection (1) commits an offence against this Act. Maximum penalty—2 years imprisonment. (sec.121-ssec.6) A person who acts in contravention of an order made by a judge under subsection (1) is guilty of a crime. Maximum penalty—5 years imprisonment. (sec.121-ssec.7) This section is in addition to and not in substitution for the Child Protection Act 1999 , sections 192 and 193 and the Youth Justice Act 1992 . - (a) a magistrate hearing and determining the matter summarily or conducting the examination of witnesses; or - (b) the judge presiding at the court to which a person has been committed for trial or sentence; - (a) the safety of any person; and - (b) the extent to which the detection of offences of a like nature may be affected; and - (c) the need to guarantee the confidentiality of information given by an informer.