Valid from 01/04/2005
Textual Amendments
F1Ss. 8A-8D and cross-heading inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 45, 110, Sch. 3; S.I. 2005/910, art. 3(p)
(1)Except as provided by this section no report of matters falling within subsection (2) may be published in England and Wales.
(2)The following matters fall within this subsection—
(a)a ruling under section 8A;
(b)proceedings on an application for a ruling under section 8A;
(c)an order under section 8B that a ruling under section 8A be discharged, varied or further varied;
(d)proceedings on an application under section 8B for a ruling under section 8A to be discharged, varied or further varied.
(3)A magistrates' court dealing with any matter falling within subsection (2) may order that subsection (1) does not apply, or does not apply to a specified extent, to a report of the matter.
(4)Where there is only one accused and he objects to the making of an order under subsection (3)—
(a)the court may make the order if (and only if) satisfied after hearing the representations of the accused that it is in the interests of justice to do so, and
(b)if the order is made, it shall not apply to the extent that a report deals with any such objection or representations.
(5)Where there are two or more accused and one or more of them objects to the making of an order under subsection (3)—
(a)the court may make the order if (and only if) satisfied after hearing the representations of each of the accused that it is in the interests of justice to do so, and
(b)if the order is made, it shall not apply to the extent that a report deals with any such objection or representations.
(6)Subsection (1) does not apply to the publication of a report of matters after the case against the accused or, if more than one, against each of them, is disposed of.
(7)Subsection (1) does not apply to a report which contains only one or more of the following matters—
(a)the identity of the court and the names of the justices;
(b)the names, ages, home addresses and occupations of the accused and witnesses;
(c)the offence or offences, or a summary of them, with which the accused or any of the accused are charged;
(d)the names of counsel and solicitors in the proceedings;
(e)where the proceedings are adjourned, the date and place to which they are adjourned;
(f)any arrangements as to bail;
(g)whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.
(8)The addresses that may be included in a report by virtue of subsection (7) are addresses—
(a)at any relevant time, and
(b)at the time of their inclusion in the publication.
(9)In subsection (8), “relevant time” means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred.
(10)Nothing in this section affects any prohibition or restriction imposed by virtue of any other enactment on the publication of a report of any matter.
(11)In this section and in section 8D—
(a)references to publication of a report of matters falling within subsection (2)—
(i)include references to inclusion of those matters in any speech, writing, relevant programme or other communication in whatever form which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but
(ii)do not include references to inclusion of those matters in a document prepared for use in particular legal proceedings;
(b)“relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990.]