Page 185 - Law and the Media

Law and the Media
9.6 Committal proceedings before the magistrates’
court

9.6.1 General principles

Generally, all criminal proceedings start in the magistrates’ court. In the case of offences
triable only on indictment or either way (see part 9.6.3 below) where the magistrates choose
to send the case to the crown court, there will be a preliminary hearing (known as committal
proceedings) whereby the magistrates examine the evidence against the defendant to
determine whether there is a case to answer and whether the case should be committed for
trial to the crown court. Committal proceedings are always conducted in open court unless
‘the ends of justice would not be served by their sitting in open court’ (Section 4 of the
Magistrates’ Court Act 1980).

Until 1967, a full report of committal proceedings in the magistrates’ court could be
published or broadcast to the general public. However, the publication of material at the
committal hearings of the murder trials of Dr Bodkin Adams in 1957, accused of murdering
his elderly patients, and the Moors murderers in 1966 led to strict limits on the reporting of
committal proceedings.

9.6.2 Section 8(1) of the Magistrates’ Court Act 1980

Section 8(1) of the Magistrates’ Court Act 1980 governs reporting restrictions at committal
hearings. It also applies to remand hearings, which are preliminary hearings in the
magistrates’ court that take place prior to committal. It is only lawful to publish the following
details:

The identity of the court and the names of the examining justices
The names, addresses and occupations of the parties and witnesses, and the ages of
the accused and witnesses
The offence or offences, or a summary of them
The names of counsel or solicitors engaged in the proceedings
Any decision of the court to commit the accused, or any of the accused, for trial,
and any decision of the court on the disposal of the case if any accused is
committed
The charges on which the accused is committed or a summary of them, and the
court to which the accused was committed
If there is any adjournment, the date and place of the next hearing
Any arrangements regarding bail – for example, the amount of any surety, and
Whether legal aid was granted.

The reasons given by the police for opposing bail, the magistrates’ reasons for refusing bail
and the defendant’s previous convictions cannot be reported.
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