Judicature (Reports of Judicial Proceedings) Act 1938


Published: 2012-09-01

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The Judicature (Reports of Judicial Proceedings) Act 1938

c i e
AT 4 of 1938

THE JUDICATURE (REPORTS OF JUDICIAL

PROCEEDINGS) ACT 1938

The Judicature (Reports of Judicial Proceedings) Act 1938 Index


c AT 4 of 1938 Page 3

c i e
THE JUDICATURE (REPORTS OF JUDICIAL

PROCEEDINGS) ACT 1938

Index Section Page

1 Short title and construction ........................................................................................... 5
2 Restriction on publication of report of judicial proceedings .................................... 5
3 Commencement of Act .................................................................................................. 7
ENDNOTES 9

TABLE OF LEGISLATION HISTORY 9
TABLE OF RENUMBERED PROVISIONS 9
TABLE OF ENDNOTE REFERENCES 9

The Judicature (Reports of Judicial Proceedings) Act 1938 Section 1


c AT 4 of 1938 Page 5

c i e
THE JUDICATURE (REPORTS OF JUDICIAL

PROCEEDINGS) ACT 1938

Received Royal Assent: 28 July 1938
Passed: 1 November 1938
Commenced: 1 November 1938
AN ACT
to regulate the publication of reports of judicial proceedings in such
manner as to prevent injury to public morals.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Fines Act
1986 and by the Criminal Justice (Penalties, Etc.) Act 1993 s 1.
1 Short title and construction

This Act may be cited as ‘The Judicature (Reports of Judicial Proceedings) Act,
1938’ and this Act, the Judicature Acts 1883 to 1935 and the Judicature
(Matrimonial Causes) Act, 1938, may together be cited as the Judicature Acts
1883 to 1938, and shall be construed as one.
2 Restriction on publication of report of judicial proceedings

(1) It shall not be lawful to print or publish or cause or procure to be printed
or published: —
(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.
(b) in relation to any judicial proceedings for dissolution of marriage,
for nullity of marriage or for judicial separation or for the
dissolution or annulment of a civil partnership or for the
separation of civil partners, any particulars other than the
following, that is to say: —
(i) The names, addresses or occupations of the parties and
witnesses,
Section 2 The Judicature (Reports of Judicial Proceedings) Act 1938


Page 6 AT 4 of 1938 c

(ii) A concise statement of the charges, defences and
countercharges in support of which evidence has been
given,
(iii) Submissions on any point of law arising in the course of
the proceedings, and the decision of the Court thereon,
(iv) The summing up of the Judge and the finding of the Jury
(if any) and the judgment of the Court and observations
made by the Judge in giving judgment.
Provided that nothing in this part of this sub-section shall
be held to permit the publication of anything contrary to
the provisions of paragraph (a) of this sub-section.1

(c) proceedings under section 13 of the Matrimonial Proceedings Act
2001 (which relates to proceedings by a wife against her husband,
or by a husband against his wife, for financial provision) and any
proceedings for the discharge or variation of an order made under
that section or for the temporary suspension of any provision of
any such order or the renewal of the operation of any provision so
suspended;2

(d) proceedings under Schedule 5 to the Civil Partnership Act 2011
(which relates to proceedings for financial provision in connection
with civil partnership) and any proceedings for the discharge or
variation of an order made under that Schedule or for the
temporary suspension of any provision of any such order or the
revival of the operation of any provision so suspended.3

(2) If any person acts in contravention of the provisions of this Act, he shall
in respect of each offence be liable, on summary conviction, to
imprisonment for a term not exceeding four months or to a fine not
exceeding £5,000 or to both such imprisonment and fine.
Provided that no person other than a proprietor, editor, master printer or
publisher, shall be liable to be convicted under this Act.
(3) No prosecution for an offence under this Act shall be commenced by any
person without the sanction of the Attorney-General.
(4) Nothing in this Act shall apply to the printing of any pleading, transcript
of evidence or other document for use in connection with any judicial
proceedings or the communication thereof to persons concerned in the
proceedings, or to the printing or publishing of any notice or report in
pursuance of the directions of the Court, or to the printing or publishing
of any matter in any separate volume or part of any bona fide series of law
reports which does not form part of any other publication and consists
solely of reports of proceedings in Courts of law, or in any publication of
a technical character bona fide intended for circulation among members
of the legal or medical professions.
The Judicature (Reports of Judicial Proceedings) Act 1938 Section 3


c AT 4 of 1938 Page 7

(5) For the purposes of this Section the words ‘judicial proceedings’ shall
include Coroners’ Inquests.
3 Commencement of Act

This Act shall come into operation on the Royal Assent thereto being announced
to Tynwald, and a certificate thereof being signed by the Governor and the
Speaker of the House of Keys.
The Judicature (Reports of Judicial Proceedings) Act 1938 Endnotes


c AT 4 of 1938 Page 9

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Para (b) amended by Civil Partnership Act 2011 Sch 14. 2
Para (c) added by Statute Law Revision (Miscellaneous Provisions) Act 1979 Sch 1 and
amended by Matrimonial Proceedings Act 2001 Sch 1. 3
Para (d) added by Civil Partnership Act 2011 Sch 14.