Criminal Justice Act 1987

11 Restrictions on reporting applications for dismissal and preparatory hearings. E+W+S

(1) Except as provided by this section, it shall not be lawful to publish in Great Britain a written report, or to [F1 include in a relevant programme for reception]in Great Britain [F2 a report of proceedings to which this section applies which contains]any matter other than that permitted by this section.

[F3 (1A) This section applies—

(a) to an application under section 6(1) above; and

(b) to a preparatory hearing and any appeal or application for leave to appeal relating to such a hearing.]

[F4 (2) An order that subsection (1) above shall not apply to reports—

(a) of an application under section 6(1) above;

(b) of a preparatory hearing;

(c) of an appeal to the Court of Appeal under section 9(11) above; or

(d) of an application for leave to appeal under that subsection, may be made—

(i) in a case falling within paragraph (a), (b) or (d) above, by the judge dealing with the matter; and

(ii) in a case falling within paragraph (c) above, by the Court of Appeal.]

(3) Where in the case of two or more accused one of them objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so.

(4) An order under subsection (2) above shall not apply to reports of proceedings under subsection (3) above, but any decisions of the court to make or not to make such an order may be contained in reports published [F5 or included in a relevant programme]before the time authorised by subsection (5) below.

(5) It shall not be unlawful under this section to publish [F6 or include in a relevant programme]a report of an application under section 6(1) above containing any matter other than that permitted by subsection (8) below where the application is successful.

(6) Where—

(a) two or more persons were jointly charged; and

(b) applications under section 6(1) above are made by more than one of them,

subsection (5) above shall have effect as if for the words “the application is”there were substituted the words “all the applications are”.

(7) It shall not be unlawful under this section to publish [F6 or include in a relevant programme]a report of an unsuccessful application or a preparatory hearing at the conclusion of the trial of the person charged, or of the last of the persons charged to be tried.

(8) The following matters may be contained in a report published [F7 or included in a relevant programme]without an order under subsection (2) above before the time authorised by subsections (5) and (6) above, that is to say—

(a) the identity of the court and the name of the judge;

(b) the names, ages, home addresses and occupations of the accused and witnesses;

(c) any relevant business information;

(d) the offence or offences, or a summary of them, with which the accused is or are charged;

(e) the names of counsel and solicitors . . . F8 in the proceedings;

(f) where the proceedings are adjourned, the date and place to which they are adjourned;

(g) any arrangements as to bail;

(h) whether legal aid was granted to the accused or any of the accused.

(9) The following is relevant business information for the purposes of subsection (8) above—

(a) any address used by the accused for carrying on a business on his own account;

(b) the name of any business which he was carrying on on his own account at any relevant time;

(c) the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time;

(d) the address of any such firm;

(e) the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time;

(f) the address of the registered or principal office of any such company; and

(g) any working address of the accused in his capacity as a person engaged by any such company.

[F9 (9A) In subsection (9) above “engaged” means engaged under a contract of service or a contract for services.]

(10) The addresses that may be published or [F10 included in a relevant programme]under subsection (8) above are addresses—

(a) at any relevant time; and

(b) at the time of their publication [F10 or inclusion in a relevant programme].

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(12) If a report is published [F12 or included in a relevant programme]in contravention of this section, the following persons, that is to say—

(a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

(b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;

[F13 (c) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,]

shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(13) Proceedings for an offence under this section shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General.

(14) Subsection (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings.

(15) In this section—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

• “publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public.

• [F15 “relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990).]

• [F16 “relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.]

Textual Amendments

F1 Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 47(a)

F2 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 114(1)

F3 S. 11(1A) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 114(2)

F4 S. 11(2) substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 114(3)

F5 Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 47(b)

F6 Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 47(c)

F7 Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 47(b)

F8 Word repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16

F9 S. 11(9A) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 114(4)

F10 Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 47(d)

F11 S. 11(11) repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16

F12 Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 47(b)

F13 S. 11(12)(c) substituted for s. 11(12)(c)(d) by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 47(e)

F14 Definitions repealed by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1)(3), Sch. 20 para. 47(f), Sch. 21

F15 Definition inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 47(f)

F16 Definition added by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 114(5)