19 Publication of matters relating to hearing

(1)

No person may publish a report or account of any matters dealt with at a bail hearing, apart from the following matters:

(a)

the identity of the defendant applying for bail:

(b)

the charges faced by the defendant:

(c)

the decision of the court on the application:

(d)

the conditions of bail, if bail is granted.

(2)

Despite subsection (1), a court may make an order—

(a)

that permits publication of other details; or

(b)

that prohibits publication of all or any of the details set out in subsection (1)(a) to (d).

(3)

The general prohibition on publication of details of a bail hearing under subsection (1), and any specific prohibition that is ordered under subsection (2)(b), applies until—

(a)

the conclusion of the defendant’s trial; or

(b)

any earlier time ordered by the court.

(4)

For the purposes of subsection (3), the conclusion of the defendant’s trial means—

(a)

the expiry of the appeal period for an appeal of the decision or verdict at the defendant’s trial; or

(b)

if the decision or verdict is appealed, the date on which that appeal is finally determined or withdrawn.

(5)

Every person commits an offence who knowingly or recklessly publishes details of a bail hearing in breach of subsection (1), or in breach of any specific prohibition that is ordered under subsection (2), and is liable on conviction,—

(a)

in the case of an individual, to a term of imprisonment not exceeding 6 months:

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

(6)

Every person commits an offence who publishes details of a bail hearing in breach of subsection (1), or in breach of any specific prohibition that is ordered under subsection (2), and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $25,000:

(b)

in the case of a body corporate, to a fine not exceeding $50,000.

(7)

Subsection (6) does not apply to a person who hosts material on websites or other electronic retrieval systems that can be accessed by a user unless the specific details have been placed or entered on the site or system by that person.

(8)

In a prosecution for an offence against subsection (6), it is not necessary for the prosecution to prove that the defendant intended to commit an offence.

Section 19: replaced, on 5 March 2012, by section 5 of the Bail Amendment Act 2011 (2011 No 82).