PART 16REPORTING, ETC. RESTRICTIONS

SECTION 1: GENERAL RULES

When this Part applies16.1

1

This Part applies where the court can—

a

impose a restriction on—

i

reporting what takes place at a public hearing, or

ii

public access to what otherwise would be a public hearing;

b

vary or remove a reporting or access restriction that is imposed by legislation;

c

withhold information from the public during a public hearing;

d

order a trial in private;

e

allow there to take place during a hearing—

i

sound recording, or

ii

communication by electronic means.

2

This Part does not apply to arrangements required by legislation, or directed by the court, in connection with—

a

sound recording during a hearing, or the transcription of such a recording; or

b

measures to assist a witness or defendant to give evidence.

[Note. The court can impose reporting restrictions under—

a

section 39 of the Children and Young Persons Act 1933213 (identity of a person under 18);

b

section 4(2) of the Contempt of Court Act 1981214 (postponed report of public hearing);

c

section 11 of the Contempt of Court Act 1981 (matter withheld from the public during a public hearing);

d

section 58 of the Criminal Procedure and Investigations Act 1996215 (postponed report of derogatory assertion in mitigation);

e

section 46 of the Youth Justice and Criminal Evidence Act 1999216(identity of a vulnerable adult witness);

f

section 82 of the Criminal Justice Act 2003217 (order for retrial after acquittal); or

g

section 75 of the Serious Organised Crime and Police Act 2005218 (identity of a defendant who assisted the police).

There are reporting restrictions imposed by legislation that the court can vary or remove, under—

a

section 49 of the Children and Young Persons Act 1933219 (youth court proceedings);

b

section 8C of the Magistrates’ Courts Act 1980220 (pre-trial ruling in magistrates’ courts);

c

section 11 of the Criminal Justice Act 1987221 (preparatory hearing in the Crown Court);

d

section 1 of the Sexual Offences (Amendment) Act 1992222 (identity of complainant of sexual offence);

e

section 37 of the Criminal Procedure and Investigations Act 1996223 (preparatory hearing in the Crown Court);

f

section 41 of the Criminal Procedure and Investigations Act 1996224 (pre-trial ruling in the Crown Court);

g

section 52A of, and paragraph 3 of Schedule 3 to, the Crime and Disorder Act 1998225 (allocation and sending for trial proceedings);

h

section 47 of the Youth Justice and Criminal Evidence Act 1999226 (special measures direction);

i

section 141F of the Education Act 2002227 (restrictions on reporting alleged offences by teachers); and

j

section 71 of the Criminal Justice Act 2003228 (prosecution appeal against Crown Court ruling).

There are reporting restrictions imposed by legislation that the court has no power to vary or remove, under—

a

section 1 of the Judicial Proceedings (Regulation of Reports) Act 1926229 (indecent or medical matter);

b

section 2 of the Contempt of Court Act 1981230 (risk of impeding or prejudicing active proceedings).

Access to a youth court is restricted under section 47 of the Children and Young Persons Act 1933231. See also rule 37.2.

Under section 36 of the Children and Young Persons Act 1933232, no-one under 14 may be present in court when someone else is on trial, or during proceedings preliminary to a trial, unless that person is required as a witness, or for the purposes of justice, or the court permits.

The court can restrict access to the courtroom under—

a

section 8(4) of the Official Secrets Act 1920233, during proceedings for an offence under the Official Secrets Acts 1911 and 1920;

b

section 37 of the Children and Young Persons Act 1933234, where the court receives evidence from a person under 18;

c

section 75 of the Serious Organised Crime and Police Act 2005235, where the court reviews a sentence passed on a defendant who assisted an investigation.

The court has an inherent power, in exceptional circumstances—

a

to allow information, for example a name or address, to be withheld from the public at a public hearing;

b

to restrict public access to what otherwise would be a public hearing, for example to control disorder;

c

to hear a trial in private, for example for reasons of national security.

Under section 9(1) of the Contempt of Court Act 1981236, it is a contempt of court without the court’s permission to—

a

use in court, or bring into court for use, a device for recording sound;

b

publish a recording of legal proceedings made by means of such a device; or

c

use any such recording in contravention of any condition on which permission was granted.

Under section 41 of the Criminal Justice Act 1925237, it is an offence to take or attempt to take a photograph, or with a view to publication to make or attempt to make a portrait or sketch, of any judge, juror, witness or party, in the courtroom, or in the building or in the precincts of the building in which the court is held, or while that person is entering or leaving the courtroom, building or precincts; or to publish such a photograph, portrait or sketch.

When it comes into force, section 32 of the Crime and Courts Act 2013238 will allow for exceptions to be made to the prohibitions imposed by section 9 of the 1981 Act and section 41 of the 1925 Act.

By reason of sections 15 and 45 of the Senior Courts Act 1981239, the Court of Appeal and the Crown Court each has an inherent powerto deal with a person for contempt of court for disrupting the proceedings. Under section 12 of the Contempt of Court Act 1981240, a magistrates’ court has a similar power.

See also—

a

rule 5.5, under which the court officer must make arrangements for recording proceedings in the Crown Court;

b

Part 29, which applies to live links and other measures to assist a witness or defendant to give evidence;

c

Part 62, which contains rules about contempt of court; and

d

rule 76.10, which applies to costs orders against a non-party for serious misconduct.]