44.—(1) Where at a preliminary F1... inquiry an opening statement is made on behalf of the prosecution, such statement shall not be printed[F2 published or included in a relevant programme].
(2) Subject to Article 37 (6), where at a preliminary F3... inquiry objection is taken as to the admissibility of any evidence the court may, if satisfied that the objection is made in good faith, order that such evidence and any discussion relating thereto shall not be printed[F2 published or included in a relevant programme] and, if it appears to the court that publication of any part of the evidence adduced before it (whether or not any objection is made thereto) would prejudice the trial of the accused, it may order that such part of the evidence shall not be printed[F2 published or included in a relevant programme].
(3) Any person who acts in contravention of paragraph (1) or of any order made under paragraph (2) shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding[F4 level 5 on the standard scale], or to both.
(4) A prosecution for an offence under this Article shall not be instituted otherwise than by or with the consent of the Attorney General.
F5(5) For the purposes of Article 7 (2) of the Prosecution of Offences (Northern Ireland) Order 1972F6, paragraph (4) shall be deemed to be a relevant consent provision passed before 30th March 1972.
[F2(6) In this Article “relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990) for reception in Northern Ireland.]
F1Words in art. 44(1) repealed (17.10.2022) by Criminal Justice (Committal Reform) Act (Northern Ireland) 2022 (c. 4), s. 5(2), Sch. para. 8(3)(j); S.R. 2022/221, art. 2(d)
F3Words in art. 44(2) repealed (17.10.2022) by Criminal Justice (Committal Reform) Act (Northern Ireland) 2022 (c. 4), s. 5(2), Sch. para. 8(3)(j); S.R. 2022/221, art. 2(d)
F5prosp. rep. by 2002 c. 26