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The Criminal Justice (Northern Ireland) Order 2004

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This is the original version (as it was originally made).

Restrictions on reporting

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30.—(1) Except as provided by this Article no publication shall include a report of—

(a)anything done under Article 17, 18, 21, 22 or 23;

(b)an appeal under this Part;

(c)an appeal under Part II of the 1980 Act in relation to an appeal under this Part; or

(d)an application for leave to appeal in relation to an appeal mentioned in sub-paragraph (b) or (c).

(2) The judge may order that paragraph (1) is not to apply, or is not to apply to a specified extent, to a report of—

(a)anything done under Article 17, 18, 21, 22 or 23; or

(b)an application to the judge for leave to appeal to the Court of Appeal under this Part.

(3) The Court of Appeal may order that paragraph (1) is not to apply, or is not to apply to a specified extent, to a report of—

(a)an appeal to the Court of Appeal under this Part;

(b)an application to that Court for leave to appeal to it under this Part; or

(c)an application to that Court for leave to appeal to the House of Lords under Part II of the 1980 Act.

(4) The House of Lords may order that paragraph (1) is not to apply, or is not to apply to a specified extent, to a report of—

(a)an appeal to that House under Part II of the 1980 Act; or

(b)an application to that House for leave to appeal to it under Part II of that Act.

(5) Where there is only one defendant and he objects to the making of an order under paragraph (2), (3) or (4)—

(a)the judge, the Court of Appeal or the House of Lords are to make the order if (and only if) satisfied, after hearing the representations of the defendant, that it is in the interests of justice to do so; and

(b)the order (if made) is not to apply to the extent that a report deals with any such objection or representations.

(6) Where there are two or more defendants and one or more of them object to the making of an order under paragraph (2), (3) or (4)—

(a)the judge, the Court of Appeal or the House of Lords are to make the order if (and only if) satisfied, after hearing the representations of each of the defendants, that it is in the interests of justice to do so; and

(b)the order (if made) is not to apply to the extent that a report deals with any such objection or representations.

(7) Paragraph (1) does not apply to the inclusion in a publication of a report of—

(a)anything done under Article 17, 18, 21, 22 or 23;

(b)an appeal under this Part;

(c)an appeal under Part II of the 1980 Act in relation to an appeal under this Part; or

(d)an application for leave to appeal in relation to an appeal mentioned in sub-paragraph (b) or (c),

at the conclusion of the trial of the defendant or the last of the defendants to be tried.

(8) Paragraph (1) does not apply to a report which contains only one or more of the following matters—

(a)the identity of the court and the name of the judge;

(b)the names, ages, home addresses and occupations of the defendant or defendants and witnesses;

(c)the offence or offences, or a summary of them, with which the defendant or defendants are charged;

(d)the names of the legal representatives in the proceedings;

(e)where the proceedings are adjourned, the date and place to which they are adjourned;

(f)any arrangements as to bail;

(g)whether—

(i)the Northern Ireland Legal Services Commission funded a right to representation as part of the costs of criminal defence services provided by the Commission under the Access to Justice (Northern Ireland) Order 2003 (NI 10); or

(ii)legal aid under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8) (which was repealed by the Access to Justice (Northern Ireland) Order 2003) was granted to the defendant or any of the defendants.

(9) The addresses that may be included in a report by virtue of paragraph (8) are addresses—

(a)at any relevant time; and

(b)at the time of their inclusion in the publication.

(10) Nothing in this Article affects any prohibition or restriction by virtue of any other statutory provision on the inclusion of any matter in a publication.

(11) In this Article—

“programme service” has the same meaning as in the Broadcasting Act 1990 (c. 42);

“publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings;

“relevant time” means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred;

“relevant programme” means a programme included in a programme service;

“the 1980 Act” means the Criminal Appeal (Northern Ireland) Act 1980 (c. 47).

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