Page 181 - Law and the Media

Law and the Media
The prohibition extends to matters such as statements of evidence, reports and accounts of
interviews (Re F (A Minor) (Publication of Information) (1977)). As it does not extend to
information about the ward himself, a minor can still be the subject of published stories even if
he is a ward of court. However, the story must not rely on or reproduce anything that was said in
or produced for the wardship proceedings. In Re L (A Minor) (1988), the Daily Mail was held
not to be in contempt of court by publishing a ward’s reaction at the funeral of her parents who
had been passengers on the Herald of Free Enterprise, which sank in Zeebrugge in 1987.

When dealing with stories about wards of court the media should, however, take care to check
whether an injunction is in force that affects publication. Judges often reinforce the general
provisions of Section 12 with an injunction specifically prohibiting identification of the child.
Since the penalties for breach of an injunction can be severe, checks should be made with the
court or the child’s lawyers before any publication.

The reporting restrictions imposed under Section 12 can be lifted in whole or part by the judge,
as frequently happens when there is a fear the child will be forcibly removed from the
jurisdiction. At such times, especially when the whereabouts of the child is unknown, the
courts are generally quick to recognize that publicity in the media may be helpful.

9.5.4 Legitimacy and maintenance proceedings

Section 2 of the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (as
amended by Section 68 Schedule 1 of the Family Law Act 1986) restricts the reporting of
proceedings that relate to declarations of legitimacy.

The reporting of applications for maintenance are restricted to those matters that may be
reported under Section 1(1)(b) of the Judicial Proceedings (Regulation of Reports) Act 1926,
namely:

The names, addresses and occupations of the parties and witnesses
A concise statement of the charges, defences and counter-charges in support of
which evidence has been given
Submissions on any point of law arising in the course of the proceedings, and the
decision of the court thereon
The judgment of the court and observations made by the judge in giving judgment.
Maintenance is an order requiring either party to a marriage to make periodical payments to the
other for his or her maintenance (Section 22 of the Matrimonial Causes Act 1973).

9.5.5 Young offenders

Youth courts
Young people under the age of 18 who are the subject of criminal charges appear before
‘youth courts’ (Section 45 of the Children and Young Persons Act 1933 (as amended)).
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