3(1)Except as provided by this paragraph, it shall not be lawful—E+W+S
(a)to publish in [F1the United Kingdom] a written report of an application under paragraph 2(1) above; or
(b)to include in a relevant programme for reception in [F2the United Kingdom] a report of such an application,
if (in either case) the report contains any matter other than that permitted by this paragraph.
(2)An order that sub-paragraph (1) above shall not apply to reports of an application under paragraph 2(1) above may be made by the judge dealing with the application.
(3)Where in the case of two or more accused one of them objects to the making of an order under sub-paragraph (2) above, the judge shall make the order if, and only if, he is satisfied, after [F3considering] the representations of the accused, that it is in the interests of justice to do so.
(4)An order under sub-paragraph (2) above shall not apply to reports of proceedings under sub-paragraph (3) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by sub-paragraph (5) below.
(5)It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an application under paragraph 2(1) above containing any matter other than that permitted by sub-paragraph (8) below where the application is successful.
(6)Where—
(a)two or more persons were jointly charged; and
(b)applications under paragraph 2(1) above are made by more than one of them,
sub-paragraph (5) above shall have effect as if for the words “the application is” there were substituted the words “ all the applications are ”.
(7)It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an unsuccessful application at the conclusion of the trial of the person charged, or of the last of the persons charged to be tried.
(8)The following matters may be contained in a report published or included in a relevant programme without an order under sub-paragraph (2) above before the time authorised by sub-paragraphs (5) and (6) above, that is to say—
(a)the identity of the court and the name of the judge;
(b)the names, ages, home addresses and occupations of the accused and witnesses;
[F4(bb)where the application made by the accused under paragraph 2(1) above relates to a charge for an offence in respect of which notice has been given to the court under section 51B of this Act, any relevant business information;]
(c)the offence or offences, or a summary of them, with which the accused is or are charged;
(d)the names of counsel and solicitors engaged in the proceedings;
(e)where the proceedings are adjourned, the date and place to which they are adjourned;
(f)the arrangements as to bail;
[F5(g)whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.]
(9)The addresses that may be published or included in a relevant programme under sub-paragraph (8) above are addresses—
(a)at any relevant time; and
(b)at the time of their publication or inclusion in a relevant programme.
[F6(9A)The following is relevant business information for the purposes of sub-paragraph (8) above—
(a)any address used by the accused for carrying on a business on his own account;
(b)the name of any business which he was carrying on on his own account at any relevant time;
(c)the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time;
(d)the address of any such firm;
(e)the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time;
(f)the address of the registered or principal office of any such company;
(g)any working address of the accused in his capacity as a person engaged by any such company;
and here “engaged” means engaged under a contract of service or a contract for services.]
(10)If a report is published or included in a relevant programme in contravention of this paragraph, 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;
(c)in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of the editor of a newspaper;
shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(11)Proceedings for an offence under this paragraph shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General.
(12)Sub-paragraph (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 of court proceedings.
(13)In this paragraph—
“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;
“relevant programme” means a programme included in a programme service (within the meaning of the M1Broadcasting Act 1990);
“relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.
Textual Amendments
F1Words in Sch. 3 para. 3(1)(a) substituted (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. 71(a); 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)
F2Words in Sch. 3 para. 3(1)(b) substituted (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. 71(a); 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)
F3Word in Sch. 3 para. 3(3) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 15(5)(b), 51(3)
F4Sch. 3 para. 3(8)(bb) inserted (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. 71(b); 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)
F5Sch. 3 para. 3(8)(g) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 50; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
F6Sch. 3 para. 3(9A) inserted (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. 71(c); 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)
Commencement Information
I1Sch. 3 para. 3 wholly in force; Sch. 3 para. 3 not in force at Royal Assent see s. 121. In force at 30.9.1998 for certain purposes by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); Sch. 3 para. 3 in force at 4.1.1999 for the purpose of sending any person for trial under s. 51 from any area specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 4(2); Sch. 3 para. 3 in force at 15.1.2001 to the extent that it is not already in force by S.I. 2000/3283, art. 2 (subject to transitional provisions in art. 3)
Marginal Citations