Bermuda Consolidated Legislation

BERMUDA
1943 : 38

JUDICIAL PROCEEDINGS
(REGULATION OF REPORTS) ACT 1943

ARRANGEMENT OF SECTIONS

1 Restrictions on publica tion

2 Punishment for contra vention

3 Prosecution only with consent of Attorney Gen eral

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 infor mation 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 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 giv ing judgment:

Provided that nothing in this part of this section shall be held to permit the publication of anything contrary to the provisions of para graph (a).

(c) in relation to any judicial proceedings before a magis trate 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 en quiry; or

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

(d) in relation to any judicial proceedings for an offence un der Part XVIII (rape and sexual offences) or under sec tions 348 to 351 (blackmail, extortion, etc) of the Crimi nal 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.

Prosecution only with consent of Attorney General

3 No prosecution for an offence against this Act shall be com menced by any person without the consent of the Attorney-General.

Savings

4 Nothing in this Act shall—

(a) apply to the printing of any pleading, transcript of evi dence 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 periodi cal of a technical character bona fide intended for circu lation among the members of the legal or medical profes sion;

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

 

 

 

 

 

 

 

 

 

 

[see also section 323B of the Criminal Code]

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