41 Restrictions on reporting.U.K.
(1)Except as provided by this section—
(a)no written report of matters falling within subsection (2) shall be published in [F1the United Kingdom] ;
(b)no report of matters falling within subsection (2) shall be included in a relevant programme for reception in [F1the United Kingdom] .
(2)The following matters fall within this subsection—
(a)a ruling made under section 40;
(b)proceedings on an application for a ruling to be made under section 40;
(c)an order that a ruling made under section 40 be discharged or varied or further varied;
(d)proceedings on an application for a ruling made under section 40 to be discharged or varied or further varied.
(3)The judge dealing with any matter falling within subsection (2) may order that subsection (1) shall not apply, or shall 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) the judge shall make the order if (and only if) satisfied after [F2considering (in the case of proceedings in England and Wales) or hearing (in the case of proceedings in Northern Ireland)] the representations of the accused that it is in the interests of justice to do so; and 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) the judge shall make the order if (and only if) satisfied after [F3considering (in the case of proceedings in England and Wales) or hearing (in the case of proceedings in Northern Ireland)] the representations of each of the accused that it is in the interests of justice to do so; and 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—
(a)the publication of a report of matters, or
(b)the inclusion in a relevant programme of a report of matters,
at the conclusion of the trial of the accused or of the last of the accused to be tried.
(7)Nothing in this section affects any prohibition or restriction imposed by virtue of any other enactment on a publication or on matter included in a programme.
(8)In this section—
(a)“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;
(b)expressions cognate with “publish” shall be construed accordingly;
(c)“relevant programme” means a programme included in a programme service, within the meaning of the M1Broadcasting Act 1990.
Extent Information
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79
Textual Amendments
F1Words in s. 41(1)(a)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 311(8), 366; S.I. 2005/950, art. 2(1) (subject to art. 2(2), Sch. 2)
F2Words in s. 41(4) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 15(4)(b), 51(3)
F3Words in s. 41(5) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 15(4)(b), 51(3)
Modifications etc. (not altering text)
C1S. 41 applied (with modifications) (8.1.2007 in force for specified purposes) by Criminal Justice Act 2003 c. 44, ss. 48A, 336 (as inserted in that Act in its application to N.I. by s. 50(14) of that Act); S.I. 2006/3422, art. 2(a) (which amending provision is itself amended (1.10.2009) by Constitutional Reform Act 2005 (c. 4) ss. 40, s. 148(1), Sch. 9 para. 82(2)(b)(c); S.I. 2009/1604, art. 2(d))
Marginal Citations