Reporting Restrictions

Flashcards about automatic reporting restrictions and Section 58 restrictions in court hearings.

What are Automatic Reporting Restrictions?

Restrictions applied on media reports by law to prevent prejudicial material from being published and to protect vulnerable individuals.

What is the purpose of section 47 of the children and young persons act 1993?

Allows ‘bona fide representatives of newspapers and news agencies’ to report on youth courts

What is the purpose of Section 49 of the Children and Young Persons Act 1933?

Bans reporting anything that could identify a juvenile in youth courts

What does Section 45 of the Youth Justice and Criminal Evidence Act 1999 cover?

Applies in adult courts when children are involved as victims or witnesses, and needs a judge's order for anonymity.

What protection is provided by the Sexual Offences Act 1992?

Automatic lifetime anonymity for alleged victims of sexual offences, applying from the moment an allegation is made.

What is the purpose of Section 52A of the Crime and Disorder Act 1998?

Prevents what can be published in pre-trial reports to prevent prejudice

According to Section 52A, what type of information cannot be reported from pre-trial hearings until the jury is sworn in?

• Legal arguments

• Applications for dismissal

• Detailed evidence and

• Any pre-trial ruling that might prejudice the jury.

According to Section 52A, what information can still be reported from pre-trial hearings before the jury is sworn in?

• Name of court and judge

• Name, age, occupation and home address of defendant and witnesses

• Names of any counsel involved

• The charges in full or summarised

• Bail arrangements

• Legal aid

• If adjourned, the time and place to which it is adjourned

• Any relevant business information

What are the potential consequences for journalists who breach reporting restrictions?

Prejudice trials, lead to mistrials, result in fines, prosecutions, or imprisonment, and damage the reputation of journalists and media outlets.

What is the purpose of Section 58 of the Criminal Procedure and Investigations Act 1996?

Allows courts to postpone the reporting of certain derogatory statements made in mitigation factors during sentencing

What is the purpose of Section 8C of the magistrates court act 1980?

Bans reporting

• Legal arguments (e.g. debates over evidence, points of law)

• Rulings on admissibility of evidence

• Applications for those rulings

Section 41 of the Criminal Justice Act 1925 makes it illegal to:

• Take any photograph or footage in court

• Make any portrait or sketch with a view to publish

How should jury visits to crime scenes be handled?

They should not be filmed or photographed. The judge may allow this if the images are not of the court in session

Section 9 of the Contempt of Court act 1981 bans:

• Any audio recording device in court

• The broadcast of any audio

Section 20D of the Juries Act 1974 make it contempt of court to:

Obtain or disclose any jury deliberations.

Such as statements, opinions or votes

Section 11 of the Contempt of Court act 1981 says:

• A court can ban the publication of a name in connection with the proceedings as long as it has allowed that information to be withheld from the public

What are section 11 orders used for?

• Protect the identity of blackmail victims

• Protect commercially sensitive information

• Protect national security

• Protect someone from the risk of harm

A section 11 order is the second stage in a two-stage process, what is the first stage?

The court decides that certain information should not be disclosed in public.

(If that information is slipped out by mistake, section 11 bans publishing it)

Section 12 of the Administration of Justice act states 1960 makes it a contempt of court to publish private proceedings which:

• Relate to the high court with children

• Fall under this the Children Act 1989 or Adoption and Children act 2002

• Fall under the mental capacity act 2005

• Involve national security

• Are those where the court bans the publication of a private hearing

Journalists should be careful publishing documents that:

Weren’t read out in court.

Section 46 of the Youth Justice and Criminal Evidence act 1999 allows court to give an adult:

Lifelong anonymity in any report

When does Section 46 of the Youth Justice and Criminal Evidence act 1999 apply?

• Only if court is satisfied that the quality of the evidence is likely to be diminished

• And if granting it is likely to increase the quality of evidence

Section 1 of the Judicial Proceedings act 1926 prohibits:

Publication in any court of any indecent matter which is likely to harm public morals

Section 4(2) of the contempt of court act 1981 gives court the power to:

Postpone the publication of a court case to avoid prejudice of that case or a future case

Section 19 of the Youth Justice and Criminal Evidence act helps:

A vulnerable witness give evidence

Section 36 of the Youth Justice and Criminal Evidence act bars a defendant from:

Representing themselves in cross-examination

Sections 19 and 36 of the Youth Justice and Criminal Evidence act are both:

Banned from being reported if they are proposed or made.