The Court Martial (Prosecution Appeals) Order 2009

Restrictions on reporting

10.—(1) Except as provided by this article no publication shall include a report of—

(a) anything done under article 4 or 5;

(b) an appeal under this Order;

(c) an appeal under Part 3 of the 1968 Act in relation to an appeal under this Order; or

(d) an application for leave to appeal in relation to an appeal mentioned in sub-paragraph (b) or (c).

(2) The judge advocate may order that paragraph (1) is not to apply, or is not to apply to a specified extent, to a report of—

(a) anything done under article 4 or 5; or

(b) an application to the judge advocate for leave to appeal to the Court Martial Appeal Court under this Order.

(3) The Court Martial Appeal Court may order that paragraph (1) is not to apply, or is not to apply to a specified extent, to a report of—

(a) an appeal to the Court Martial Appeal Court under this Order;

(b) an application to that Court for leave to appeal to it under this Order; or

(c) an application to that Court for leave to appeal to the Supreme Court under Part 3 of the 1968 Act.

(4) The Supreme Court may order that paragraph (1) is not to apply, or is not to apply to a specified extent, to a report of—

(a) an appeal to that Court under Part 3 of the 1968 Act; or

(b) an application to that Court for leave to appeal to it under Part 3 of that Act.

(5) Where there is only one accused and he objects to the making of an order under paragraph (2), (3) or (4)—

(a) the judge advocate, the Court Martial Appeal Court or the Supreme Court is to 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) the order (if made) is not to apply to the extent that a report deals with any such objection or representations.

(6) Where there are two or more accused and one or more of them object to the making of an order under paragraph (2), (3) or (4)—

(a) the judge advocate, the Court Martial Appeal Court or the Supreme Court is to 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) the order (if made) is not to apply to the extent that a report deals with any such objection or representations.

(7) Paragraph (1) does not apply to the inclusion in a publication of a report of—

(a) anything done under article 4 or 5,

(b) an appeal under this Order,

(c) an appeal under Part 3 of the 1968 Act in relation to an appeal under this Order, or

(d) an application for leave to appeal in relation to an appeal mentioned in sub-paragraph (b) or (c),

at the conclusion of the trial of the accused or the last of the accused to be tried.

(8) Paragraph (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 name of the judge advocate;

(b) the names, ages, unit addresses and occupations of the accused or co-accused and witnesses;

(c) the charge or charges, or a summary of them, brought against the accused or co-accused;

(d) the names of the prosecuting officer and legal representatives in the appeal;

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

(f) any arrangements as to release from custody subject to requirements imposed under section 107 of the 2006 Act;

(g) whether a right to publicly funded representation was granted to the accused or any co-accused.

(9) The addresses that may be included in a report by virtue of paragraph (8) are addresses—

(a) at any relevant time; and

(b) at the time of their inclusion in the publication.

(10) Nothing in this article affects any prohibition or restriction by virtue of any other enactment on the inclusion of any matter in a publication.