Page 192 - Law and the Media

Reporting Restrictions
Where the issues are complex and the defendants are numerous, the judge may decide to split
the indictments and order sequential trials. In those circumstances, defendants often seek an
order postponing reporting. Section 4(2) of the Contempt of Court Act 1981 (see part 9.3
above) permits such an order where it is necessary to avoid a substantial risk of serious
prejudice to any trial.

The Criminal Procedure and Investigations Act 1996 imposes automatic reporting
restrictions until the conclusion of the trial on pre-trial hearings of cases that are long or
complex. The judge may lift the restrictions in the interests of justice. Unless the judge does
so, the media may only report on:

The identity of the court and the name of the judge
The names, ages, home addresses and occupations of the accused and witnesses
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.

9.10 Official secrets

The court has an inherent power to order the exclusion of the public from proceedings
involving national security. Additionally, under Section 8(4) of the Official Secrets Act 1920
the court may exclude all or any portion of the public, including the media, during any part
of the trial if the publication of any evidence would be prejudicial to national safety.
However, any sentence must be given in open court (Section 8(4) of the Official Secrets Act
1920).

The prosecution must give notice of any intention to apply for the exclusion of the public at
least 7 days before the trial is due to begin. The court must display a notice in a prominent
place within the precincts of the court stating that the application is to be made (Crown Court
Rules 1982 Statutory Instrument 1982/1109 as amended by Statutory Instrument 1989/1103).
Such prior notice is to allow time for the media to challenge the decision.

If a notice is displayed and a media company wishes to report on the trial, it will have to
apply in writing in Form 20 (Criminal Appeal Rules 1968 1968/1262 as amended by
Statutory Instrument 1989/1102)) to the Registrar of the Criminal Appeal Office within 7
days of the notice’s display for leave to appeal to the Court of Appeal under Section 159 of
the Criminal Justice Act 1988. At the same time a copy of the application must also be served
on the crown court, the prosecution, the defendant and any other interested person. The
application for leave will be determined by a single judge of the Court of Appeal without a
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