Page 191 - Law and the Media

Law and the Media
Of course, the above-mentioned information should not offend Section 1(1)(a) of the Judicial
Proceedings (Regulation of Reports) Act 1926. Also, charges and counter-charges can only
be reported if evidence has already been given in support of them. For example, if an
allegation is made about which no evidence is given at the hearing, the allegation cannot be
reported unless it is referred to by the judge in his judgment.

The court may grant an injunction to prevent reports arising out of divorce proceedings. In
Argyll v Argyll (1967), the Duchess was granted an injunction to prevent publication of an
article in the People by her former husband that reported details of charges in their divorce
proceedings other than those permitted under Section 1(1)(b) of the Judicial Proceedings
(Regulation of Reports) Act 1926.

Only editors, proprietors and publishers of newspapers and their equivalents in broadcasting
will be criminally liable if a report is published that contravenes the Judicial Proceedings
(Regulation of Reports) Act 1926. The Attorney General must consent before a prosecution
is brought.

In any proceedings for nullity of marriage evidence on the question of sexual capacity will
be heard in private unless it is in the interests of justice not to do so (Section 48 of the
Matrimonial Causes Act 1973).

9.9 Fraud

In serious or complex fraud cases, magistrates can dispense with committal hearings and
transfer the case to the crown court (Section 4 of the Criminal Justice Act 1987). When notice
of transfer has been given, the defendant may apply to the crown court for the case to be
dismissed on the basis that there is no case to answer (Section 6 of the Criminal Justice Act
1987). Automatic restrictions are imposed on the reporting of applications for dismissal.
Only the following matters may be reported:

The identity of the court and the name of the judge
The names, ages, home addresses and occupations of the accused and witnesses
Any relevant business information, for example, the name and address of any
business partnership or company in which the accused was involved at the time of
the fraud
The offence or offences or a summary of them with which the accused is
charged
The names of counsel and solicitors in the proceedings
Where the proceedings are adjourned, the date and place to which they are
adjourned
Any bail arrangements
Whether legal aid was granted to the accused.
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