Part I Criminal Jurisdiction and Procedure
F17Committal proceedings
8 Restrictions on reports of commital proceedings.
F181
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 receptionin 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) belowa 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.
F32A
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 programmebefore the
time authorised by subsection (3) below.
3
It shall not be unlawful under this section to publish F5or include in a relevant programmea
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 programmeas 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
programmewithout 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 representativesengaged 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;
F8i
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;
F10c
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).
S. 4 cross-heading repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 51(3), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)