§ Mr. Stottasked the Attorney-General whether he will refer to the Director of Public Prosecutions with a view to prosecution under Section 41 of the Criminal Justice Act 1925 those responsible for the publication of the photograph of Ian Ball entering Bow Street magistrates' court.
The Attorney-GeneralNo. Having regard to all the circumstances of this case, which he and I have both considered with care, the Director of Public Prosecutions has come to the conclusion, with which I agree, that the public interest does not in this particular case call for a prosecution. But I will take this opportunity to emphasise, first, that Section 41 is still effective and, in my view, an important safeguard and secondly, that it prohibits the taking or publication of a photograph of a judge, juror, witness or party, not only when he is in court but also when he is entering or leav608W ing the court or the precincts of the building in which the court is held. Accordingly, the test is the position of the subject of the photograph, and not the place where the camera is positioned for that photograph.