Magistrates’ Courts Act 1980

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Changes and effects yet to be applied to :

Changes and effects

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s. 8(4)(i) substituted by 2012 c. 10 Sch. 5 para. 13

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Act applied by 2013 c. 10 Sch. 1 para. 9(4)
Act applied by 2013 c. 10 Sch. 2 para. 4(7)
Act applied by 2013 c. 10 Sch. 2 para. 7(5)
Act applied by S.I. 2003/1722 reg. 6(5)
Act applied by S.I. 2010/1090 reg. 20(3)
Act applied by S.I. 2010/2079 Sch. 4 para. 5(2)
Act applied by S.I. 2010/231 art. 16(2)
Act applied by S.I. 2010/543 reg. 13(2)
Act applied by S.I. 2010/740 reg. 27(3)
Act applied by S.I. 2011/1197 reg. 24
Act applied by S.I. 2011/1329 rule 28(1)
Act applied by S.I. 2011/1517 reg. 9(2)
Act applied by S.I. 2011/2159 reg. 39(2)
Act applied by S.I. 2011/2159 reg. 41(7)
Act applied by S.I. 2011/452 reg. 6(3)
Act applied by S.I. 2011/452 reg. 13(17)
Act applied by S.I. 2011/452 reg. 15(2)
Act applied by S.I. 2003/2455 reg. 6(5)
Act applied by S.I. 2010/1671 reg. 21(16)
Act applied by S.I. 2010/1671 reg. 21(16)
Act applied by S.I. 2010/66 reg. 19(2)
Act applied by S.I. 2011/1605 reg. 9(2)
Act applied (with modifications) by S.I. 2012/2814 Sch. 1 para. 2(8)
Act excluded by 2012 c. 10 s. 36(3)(4)
Blanket amendment words substituted by S.I. 2011/1043 art. 3 4

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 65A inserted by S.I. 2011/1045 art. 11
s. 68A inserted by S.I. 2011/1045 art. 12
art. 98 applied (with modifications) by S.I. 2011/1484 Sch. 1 para. 4(7)(a) 6(8)

Commencement Orders yet to be applied to the Magistrates’ Courts Act 1980:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/192 art. 3 6 Sch. commences (2000 c. 19)
S.I. 2003/962 art. 2(3) commences (2002 c. 21)
S.I. 2003/2093 art. 2(1) Sch. 1 commences (2002 c. 40)
S.I. 2005/910 art. 3(aa) art. 3(i) art. 3(p) art. 3(q) art. 3(r) art. 3(y) commences (2003 c. 39)
S.I. 2005/3056 art. 2(2) commences (2003 c. 17)
S.I. 2005/3175 art. 2(1) Sch. 1 commences (2004 c. 33)
S.I. 2006/1014 art. 2(a) Sch. 1 para. 11(e) commences (2005 c. 4)
S.I. 2007/499 art. 2(2)(g) commences (2006 c. 45)
S.I. 2007/602 art. 2(c) commences (2004 c. 28)
S.I. 2007/2194 art. 2(1)(l) art. 2(3)(h) commences (2006 c. 46)
S.I. 2007/3495 art. 3 art. 5 commences (2006 c. 46)
S.I. 2008/2860 art. 3 commences (2006 c. 46)
S.I. 2009/812 art. 3(a)(b) commences (2006 c. 52)
S.I. 2009/1604 art. 2 commences (2005 c. 4)
S.I. 2009/3250 art. 2(g) art. 2(h) commences (2007 c. 29)
S.I. 2010/145 art. 2 Sch. commences (2009 c. 25)
S.I. 2010/507 art. 2-5 commences (2009 c. 26)
S.I. 2010/708 art. 1-14 commences (2008 c. 14)
S.I. 2010/816 art. 2-6 Sch. commences (2009 c. 25)
S.I. 2010/1621 art. 1 2 commences (S.I. 2010/231)
S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
S.I. 2010/2921 art. 2 3 commences (2003 c. 39)
S.I. 2011/1418 art. 2 commences (2010 c. 23)
S.I. 2011/1440 art. 2 3 commences (2010 c. 17)
S.I. 2011/2196 art. 2 commences (2007 c. 29)
S.I. 2011/2279 art. 2 3 commences (2010 c. 17)
S.I. 2011/2802 art. 2 Commencement Order
S.I. 2012/1320 art. 2-4 commences (2003 c. 44)
S.I. 2012/1615 art. 2 3 commences (2010 c. 17)
S.I. 2012/1682 art. 2 Sch. 2 commences (2008 c. 30)
S.R. 2012/307 art. 2 commences (2006 c. 28)

8 Restrictions on reports of commital proceedings.E+W+S

(1)Except as provided by subsections (2), (3) and (8) below, it shall not be lawful to publish in Great Britain a written report, or to [F1include in a relevant programme for reception]in Great Britain a report, of any committal proceedings in England and Wales containing any matter other than that permitted by subsection (4) below.

(2)[F2Subject to subsection (2A) below]a magistrates’ court shall, on an application for the purpose made with reference to any committal proceedings by the accused or one of the accused, as the case may be, order that subsection (1) above shall not apply to reports of those proceedings.

[F3(2A)Where in the case of two or more accused one of them objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so.

(2B)An order under subsection (2) above shall not apply to reports of proceedings under subsection (2A) above, but any decision of the court to make or not to make such an order may be contained in reports published [F4or included in a relevant programme]before the time authorised by subsection (3) below.]

(3)It shall not be unlawful under this section to publish [F5or include in a relevant programme]a report of committal proceedings containing any matter other than that permitted by subsection (4) below—

(a)where the magistrates’ court determines not to commit the accused, or determines to commit none of the accused, for trial, after it so determines;

(b)where the court commits the accused or any of the accused for trial, after the conclusion of his trial or, as the case may be, the trial of the last to be tried;

and where at any time during the inquiry the court proceeds to try summarily the case of one or more of the accused under section 25(3) or (7) below, while committing the other accused or one or more of the other accused for trial, it shall not be unlawful under this section to publish [F5or include in a relevant programme]as part of a report of the summary trial, after the court determines to proceed as aforesaid, a report of so much of the committal proceedings containing any such matter as takes place before the determination.

(4)The following matters may be contained in a report of committal proceedings published [F6 or included in a relevant programme]without an order under subsection (2) above before the time authorised by subsection (3) above, that is to say—

(a)the identity of the court and the names of the examining justices;

(b)the names, addresses and occupations of the parties and witnesses and the ages of the accused and witnesses;

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

(d)the names of [F7 the legal representatives]engaged in the proceedings;

(e)any decision of the court to commit the accused or any of the accused for trial, and any decision of the court on the disposal of the case of any accused not committed;

(f)where the court commits the accused or any of the accused for trial, the charge or charges, or a summary of them, on which he is committed and the court to which he is committed;

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

(h)any arrangements as to bail on committal or adjournment;

[F8(i)whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.]

(5)If a report is published [F9 or included in a relevant programme] in contravention of this section, the following persons, that is to say—

(a)in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

(b)in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;

[F10(c)in the case of the inclusion of a report in a relevant programme, any body corporate which provides the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper.]

shall be liable on summary conviction to a fine not exceeding [F11level 5 on the standard scale].

(6)Proceedings for an offence under this section shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney-General.

(7)Subsection (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports and proceedings of magistrates’ and other courts.

(8)For the purposes of this section committal proceedings shall, in relation to an information charging an indictable offence, be deemed to include any proceedings in the magistrates’ court before the court proceeds to inquire into the information as examining justices; but where a magistrates’ court which has begun to try an information summarily discontinues the summary trial in pursuance of section 25(2) or (6) below and proceeds to inquire into the information as examining justices, that circumstance shall not make it unlawful under this section for a report of any proceedings on the information which was published [F12or included in a relevant programme] before the court determined to proceed as aforesaid to have been so published [F12or included in a relevant programme].

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(10)In this section—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
“publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public.
[F16“relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990).]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words substituted by virtue of Broadcasting Act 1990 (c.42, SIF 96), ss. 4(6), 87(6), 203(1), Sch. 20 para. 29(1)(a)

F2Words inserted by Criminal Justice (Amendment) Act 1981 (c. 27, SIF 82), s. 1(1)(4)

F3S. 8(2A)(2B) inserted by Criminal Justice (Amendment) Act 1981 (c. 27, SIF 82), s. 1(2)(4)

F4Words substituted by virtue of Broadcasting Act 1990 (c. 42, SIF 96), ss. 4(6), 87(6), 203(1), Sch. 20 para. 29(1)(b) and Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1), Sch. 5 para. 37(2)

F5Words substituted by virtue of Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1), Sch. 5 para. 37(2) and by Broadcasting Act 1990 (c. 42, SIF 96), ss. 4(6), 87(6), 203(1), Sch. 20 para. 29(1)(c)

F6Words substituted by virtue of Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1), Sch. 5 para. 37(2) and by Broadcasting Act 1990 (c. 42, SIF 96), ss. 4(6), 87(6), 203(1), Sch. 20 para. 29(1)(b)

F7Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37, 82), s. 125(3), Sch. 18 para. 25(5)

F8S. 8(4)(i) substituted (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 paras. 15, 16 (with s. 107, Sch. 14 para. 7(1)); S.I. 2001/916, art. 3(a)(ii) (with Sch. 2 para. 2)