Title 8 Laws of Bermuda Item 3

BERMUDA

1943 : 38

JUDICIAL PROCEEDINGS (REGULATION OF REPORTS) ACT 1943

ARRANGEMENT OF SECTIONS

1 Restrictions on 3 Prosecution only with publication consent of Director of

2 Punishment for Public Prosecutions contravention 4 Savings

[17 July 1943] [preamble and words of enactment omitted]

Restrictions on publication

1 No person shall publish by any means whatsoever for the information of the public—

(a) in relation to any judicial proceedings, any indecent matter or indecent, medical, surgical or physiological details being matter or details the publication of which would be calculated to injure public morals; or

(b) in relation to any judicial proceedings for dissolution of marriage, for nullity of marriage, for judicial separation, or for restitution of conjugal rights, any particulars other than—

(i) the names, addresses and occupations of parties and witnesses;

(ii) the grounds of the action or application, and a concise statement of the charges, defences and

1989 Revision 1 JUDICIAL PROCEEDINGS (REGULATION OF REPORTS) ACT

counter-charges in support of which evidence been given;

(iii) submissions on any point of law arising the course of the proceedings and the decision o court thereon;

(iv) the summing-up of the Judge and the findings of the jury if any) and the judgment of the court and the observations made by the Judge in giving judgment: Provided that nothing in this part of this section shall be held to permit the publication of anything contrary to the provisions of paragraph (a).

(c) in relation to any judicial proceedings before a magistrate under the provisions of the Indictable Offences Act, 1929 [title 8 item 32], particulars of the examination of witnesses on an information for an indictable offence: Provided that such particulars may be published in any case—

(i) where the magistrate orders the accused person or, if more than one, all the accused persons to be discharged as to the information under enquiry; or

(ii) where the magistrate, at the request of the defence, permits such publication;

(d) in relation to any judicial proceedings for an offence under Part XVIII (rape and sexual offences) or under sections 348 to 351 (blackmail, extortion, etc) of the Criminal Code [title 8 item 31], the name, address or other personal particulars of the complainant or prosecutor where the presiding Judge or magistrate orders that the restrictions imposed by this paragraph shall apply.

Punishment for contravention

2 Any person who contravenes this Act commits an offence against this Act: Punishment on summary conviction: imprisonment for 4 months or a fine of $7,000 or both such imprisonment and fine.

2 1989 Revision Title 8 Laws of Bermuda Item 3

Prosecution only with consent of Director of Public Prosecutions

3 No prosecution for an offence against this Act shall be commenced by any person without the consent of the Director of Public Prosecutions. [Section 3 amended by 1999:8 s.2 & Sch 1 effective 1 April 1999]

Savings

4 Nothing in this Act shall—

(a) apply to the printing of any pleading, transcript of evidence or other document for use in connection with any judicial proceedings, or to the printing or publication of any notice or report in pursuance of the directions of any court or of any matter in any newspaper or periodical of a technical character bona fide intended for circulation among the members of the legal or medical profession;

(b) affect the powers of the Supreme Court to commit or otherwise punish any person for contempt of court.

[Amended by: 1962:2 1975:43 1999:8]

1989 Revision 3