Page 196 - Law and the Media

Reporting Restrictions
At the hearing of the appeal the Court of Appeal can stay any proceedings until after the
appeal is disposed of, or confirm, reverse or vary the order. The Court of Appeal’s decision
is final (Section 159(1)).

The Court of Appeal may also make an order for costs as it thinks fit. In Holden & Co v CPS
(No 2) (1994), the Court of Appeal held that the costs of a newspaper could not be paid from
central funds but might be made against the prosecution. However, an order for costs against
the prosecution will usually only be made where it has failed to object to an order that was
manifestly wrong or departed from its proper role and became in some way partisan (Ex
parte News Group Newspapers (1999)).

9.12.4 Youth Justice Act 1999

When the relevant sections of the Youth Justice Act 1999 (see part 9.5.5 above) come into
effect, it will be possible to challenge orders under Sections 45 and Section 46 of the Youth
Justice Act in the following ways:

1. By seeking that the order be lifted or modified by an ‘excepting direction’. An exceptions
direction will be made if the court:

Is satisfied that it is necessary in the interests of justice to do so (Section 45(4) and
Section 46(9)(a)), or
The effect of the reporting restrictions ‘is to impose a substantial and unreasonable
restriction on the reporting of the proceedings’ and it is ‘in the public interest’ to
remove or modify the reporting restrictions (Section 45(5) and Section
46(9)(b)).
2. By appealing the order under Section 159(1)(c) of the Criminal Justice Act 1988.
3. By appealing to the crown court after the refusal of a magistrates’ court to lift or modify
an order under Section 44 (Section 44(11)) of the Youth Justice Act. There is no appeal
to the crown court in relation to orders made by the magistrates’ court under Section 45
or Section 46 of the Youth Justice Act 1999, although any such orders would be
susceptible to judicial review.

9.13 Interviewing jurors

Under Section 8(1) of the Contempt of Court Act 1981 it is contempt of court:

. . . to obtain, disclose or solicit any particulars of statements made, opinions
expressed, arguments advanced or votes cast by members of a jury in the course
of their deliberations in any legal proceedings.

This applies to the media and the jurors equally.
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