s.112Restrictions on reports of committal proceedings
112
Section 112Part 5 — Procedure for Committal of Accused for Trial before the Grand Court

Restrictions on reports of committal proceedings

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Except as provided in this section, it shall not be lawful to publish in the Islands a written report, or to broadcast a report, of any committal proceedings containing any matter other than that permitted by subsection (6).
Subject to subsection (3), the court shall, on an application for the purpose made with reference to any such committal proceedings by the accused person or one of the accused persons, as the case may be, order that subsection (1) shall not apply to reports of those proceedings.
Where, in the case of two or more accused persons, one of them objects to the making of an order under subsection (2), the court shall make the order only if it is satisfied after hearing the representations of the accused persons, that it is in the interests of justice to do so.
An order under subsection (2) shall not apply to reports of proceedings under subsection (3), but any decision of the court to make or not to make such an order may be contained in reports published or broadcast before the time authorised by subsection (5).
It shall not be unlawful under this section to publish or broadcast a report of committal proceedings containing any matter other than that permitted by subsection (6) —
where the court determines not to commit the accused person, or determines to commit none of the accused persons, for trial, after it so determines; or
where the court commits the accused person or any of the accused persons for trial, after the conclusion of the accused person's trial or as the case may be, the trial of the last to be tried, and where at any time during a summary trial the court determines to commit the accused person or persons for trial under section 79, it shall not be unlawful under this section to publish or broadcast as part of a report of the summary trial, after the court so determines, a report of so much of the committal proceedings containing any such matter as takes place before such determination.
The following matters may be contained in a report of committal proceedings published or broadcast without an order under subsection (2) before the time authorised by subsection (5) —
the identity of the Court and the name of the magistrate;
the names, addresses and occupations of the parties and witnesses, and the ages of the accused persons and witnesses;
the offence or offences, or a summary of them, with which the accused person or persons is or are charged;
the names of counsel engaged in the proceedings;
any decision of the court to commit the accused person or any of the accused persons for trial, the charge or charges, or a summary of them, on which the accused person or any of the accused persons is or are committed;
where the committal proceedings are adjourned, the date and place to which they are adjourned;
any arrangements as to bail on committal or adjournment; and
whether a legal aid certificate under the Legal Aid Act, 2015 [Law 17 of 2015] was granted to the accused persons or any of them.
If a report is published or broadcast in contravention of this section, the following person —
in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;
in the case of a publication of a written report otherwise than as a part of a newspaper or periodical, the person who publishes it; or
in the case of a broadcast of a report, any body corporate which transmits or provides the programme in which the report is broadcast and any person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical, commits an offence and is liable on summary conviction to a fine of five thousand dollars.
Subsection (1) shall be in addition to, and not in derogation from, the provisions of any other law with respect to the publication of reports and proceedings of courts.
In this section —
"broadcast" means broadcast by wireless telegraphy sounds or visual images intended for general reception;
"committal proceedings" shall be deemed to include any proceedings in the court before it proceeds to hold the preliminary enquiry; and
"publish" in relation to a report, means publish the report or any part thereof, either by itself or as a part of a newspaper or periodical, for distribution to the public.
Proceedings for an offence under this section shall not be instituted otherwise than by or with the consent of the Director of Public Prosecutions.

Defined Terms

broadcastcommittal proceedingspublish

Cross References