Page 186 - Law and the Media

Reporting Restrictions
Anonymity can, of course, be conferred by the court on young persons (see sections 9.5
above and 9.7 below), and in cases concerning sexual offences under the Sexual Offences
(Amendment) Acts of 1976 and 1992 (see part 9.7 below).

There are exceptions to the rule. Full reporting of committal proceedings is permitted:

If the magistrates decide not to commit the accused for trial at the crown court and
dismiss the charges

After the accused is tried, or
If the court lifts the restrictions (even then the media should be cautious about the
nature and scope of the information they report to avoid being in contempt of
court).

Whenever any one of these exceptions apply, the media are free to report full details of the
committal proceedings. They are also free to publish the details at the conclusion of the trial,
but may not wish to do so given the passage of time.

When considering an application to lift reporting restrictions the magistrates must be
satisfied that it is in the interest of justice to do so (Section 8(2)(a) Magistrates’ Court Act
1980). Where there are two or more defendants and not all wish to lift the reporting
restrictions, they will only be lifted if the court is satisfied that it is in the interests of justice
to do so after hearing representations from all defendants. If reporting restrictions are lifted,
the magistrates may postpone reports of the proceedings until after the trial under Section
4(2) of the Contempt of Court Act 1981 (see part 9.3 above).

Section 8 of the Magistrates’ Court Act 1980 places restrictions only on reports of the actual
proceedings. It would not be a breach of Section 8 to publish, for example, the fact that the
defendant was driven to court by his wife in the family car, or that large crowds assembled
outside the courthouse to witness his arrival. The media should not report, however,
information that carries a risk of serious prejudice to any trial, such as any admissions of guilt
or previous convictions.

Only the proprietor, editor or publisher of a newspaper, or a broadcaster with executive
power, will be liable for breaching Section 8 of the Magistrates’ Court Act 1980. A
prosecution for breach may only be brought with the Attorney General’s approval.

9.6.3 Applications to dismiss summary offences and offences
triable either way

Some offences, known as ‘summary offences’, are generally heard in the magistrates’ court.
In some circumstances summary offences may be heard in the crown court if the defendant
has also been charged with a related offence that must be heard in the crown court. Both
charges will be sent to the crown court in order to avoid two trials. Some offences can be
149