PART 6REPORTING, ETC. RESTRICTIONS
Contents of this Part | |
|---|---|
General rules | |
When this Part applies | rule 6.1 |
Exercise of court’s powers to which this Part applies | rule 6.2 |
Court’s power to vary requirements under this Part | rule 6.3 |
Reporting and access restrictions | |
Reporting and access restrictions | rule 6.4 |
Varying or removing restrictions | rule 6.5 |
Trial in private | rule 6.6 |
Representations in response | rule 6.7 |
Order about restriction or trial in private | rule 6.8 |
Sound recording and electronic communication | |
Sound recording and electronic communication | rule 6.9 |
Forfeiture of unauthorised sound recording | rule 6.10 |
GENERAL RULES
When this Part applies6.1
1
This Part applies where the court can—
a
impose a restriction on—
i
reporting what takes place at a public hearing, or
ii
public access to what otherwise would be a public hearing;
b
vary or remove a reporting or access restriction that is imposed by legislation;
c
withhold information from the public during a public hearing;
d
order a trial in private; or
e
allow there to take place during a hearing—
i
sound recording, or
ii
communication by electronic means.
2
This Part does not apply to arrangements required by legislation, or directed by the court, in connection with—
a
sound recording during a hearing, or the transcription of such a recording; or
b
measures to assist a witness or defendant to give evidence.
[Note. The court can impose reporting restrictions under—
a
section 4(2) of the Contempt of Court Act 1981183 (postponed report of public hearing);
b
section 11 of the Contempt of Court Act 1981 (matter withheld from the public during a public hearing);
c
section 58 of the Criminal Procedure and Investigations Act 1996184 (postponed report of derogatory assertion in mitigation);
d
section 45 of the Youth Justice and Criminal Evidence Act 1999185 (identity of a person under 18);
e
section 45A of the Youth Justice and Criminal Evidence Act 1999186 (identity of a witness or victim under 18);
f
section 46 of the Youth Justice and Criminal Evidence Act 1999187 (identity of a vulnerable adult witness);
g
section 82 of the Criminal Justice Act 2003188 (order for retrial after acquittal); or
h
section 75 of the Serious Organised Crime and Police Act 2005189 (identity of a defendant who assisted the police).
There are reporting restrictions imposed by legislation that the court can vary or remove, under—
a
section 49 of the Children and Young Persons Act 1933190 (youth court proceedings);
b
section 8C of the Magistrates’ Courts Act 1980191 (pre-trial ruling in magistrates’ courts);
c
section 11 of the Criminal Justice Act 1987192 (preparatory hearing in the Crown Court);
d
section 1 of the Sexual Offences (Amendment) Act 1992193 (identity of complainant of sexual offence);
e
section 37 of the Criminal Procedure and Investigations Act 1996194 (preparatory hearing in the Crown Court);
f
section 41 of the Criminal Procedure and Investigations Act 1996195 (pre-trial ruling in the Crown Court);
g
section 52A of, and paragraph 3 of Schedule 3 to, the Crime and Disorder Act 1998196 (allocation and sending for trial proceedings);
h
section 47 of the Youth Justice and Criminal Evidence Act 1999197 (special measures direction);
i
section 141F of the Education Act 2002198 (restrictions on reporting alleged offences by teachers);
j
section 71 of the Criminal Justice Act 2003199 (prosecution appeal against Crown Court ruling); and
k
section 4A of, and paragraph 1 of Schedule 1 to, the Female Genital Mutilation Act 2003200 (identity of person against whom a female genital mutilation offence is alleged to have been committed).
There are reporting restrictions imposed by legislation that the court has no power to vary or remove, under—
a
section 1 of the Judicial Proceedings (Regulation of Reports) Act 1926201 (indecent or medical matter);
b
section 2 of the Contempt of Court Act 1981202 (risk of impeding or prejudicing active proceedings).
Access to a youth court is restricted under section 47 of the Children and Young Persons Act 1933203. See also rule 24.2 (Trial and sentence in a magistrates’ court – general rules).
Under section 36 of the Children and Young Persons Act 1933204, no-one under 14 may be present in court when someone else is on trial, or during proceedings preliminary to a trial, unless that person is required as a witness, or for the purposes of justice, or the court permits.
The court can restrict access to the courtroom under—
a
section 8(4) of the Official Secrets Act 1920205, during proceedings for an offence under the Official Secrets Acts 1911 and 1920;
b
section 37 of the Children and Young Persons Act 1933206, where the court receives evidence from a person under 18;
c
section 75 of the Serious Organised Crime and Police Act 2005207, where the court reviews a sentence passed on a defendant who assisted an investigation.
The court has an inherent power, in exceptional circumstances—
a
to allow information, for example a name or address, to be withheld from the public at a public hearing;
b
to restrict public access to what otherwise would be a public hearing, for example to control disorder;
c
to hear a trial in private, for example for reasons of national security.
Under section 9(1) of the Contempt of Court Act 1981208, it is a contempt of court without the court’s permission to—
a
use in court, or bring into court for use, a device for recording sound;
b
publish a recording of legal proceedings made by means of such a device; or
c
use any such recording in contravention of any condition on which permission was granted.
Under section 41 of the Criminal Justice Act 1925209, it is an offence to take or attempt to take a photograph, or with a view to publication to make or attempt to make a portrait or sketch, of any judge, juror, witness or party, in the courtroom, or in the building or in the precincts of the building in which the court is held, or while that person is entering or leaving the courtroom, building or precincts; or to publish such a photograph, portrait or sketch.
Section 32 of the Crime and Courts Act 2013210 (Enabling the making, and use, of films and other recordings of proceedings) allows for exceptions to be made to the prohibitions imposed by section 9 of the 1981 Act and section 41 of the 1925 Act.
By reason of sections 15 and 45 of the Senior Courts Act 1981211, the Court of Appeal and the Crown Court each has an inherent power to deal with a person for contempt of court for disrupting the proceedings. Under section 12 of the Contempt of Court Act 1981212, a magistrates’ court has a similar power.
See also—
a
rule 5.5, under which the court officer must make arrangements for recording proceedings in the Crown Court;
b
Part 18, which applies to live links and other measures to assist a witness or defendant to give evidence;
c
rule 45.10, which applies to costs orders against a non-party for serious misconduct; and
d
Part 48, which contains rules about contempt of court.]
Exercise of court’s powers to which this Part applies6.2
1
When exercising a power to which this Part applies, as well as furthering the overriding objective, in accordance with rule 1.3, the court must have regard to the importance of—
a
dealing with criminal cases in public; and
b
allowing a public hearing to be reported to the public.
2
The court may determine an application or appeal under this Part—
a
at a hearing, in public or in private; or
b
without a hearing.
3
But the court must not exercise a power to which this Part applies unless each party and any other person directly affected—
a
is present; or
b
has had an opportunity—
i
to attend, or
ii
to make representations.
[Note. See also section 121 of the Magistrates’ Courts Act 1980213 and rule 24.2 (general rules about trial and sentence in a magistrates’ court).]
Court’s power to vary requirements under this Part6.3
1
The court may—
a
shorten or extend (even after it has expired) a time limit under this Part;
b
require an application to be made in writing instead of orally;
c
consider an application or representations made orally instead of in writing; and
d
dispense with a requirement to—
i
give notice, or
ii
serve an application.
2
Someone who wants an extension of time must—
a
apply when making the application or representations for which it is needed; and
b
explain the delay.
REPORTING AND ACCESS RESTRICTIONS
Reporting and access restrictions6.4
1
This rule applies where the court can—
a
impose a restriction on—
i
reporting what takes place at a public hearing, or
ii
public access to what otherwise would be a public hearing; or
b
withhold information from the public during a public hearing.
2
Unless other legislation otherwise provides, the court may do so—
a
on application by a party; or
b
on its own initiative.
3
A party who wants the court to do so must—
a
apply as soon as reasonably practicable;
b
notify—
i
each other party, and
ii
such other person (if any) as the court directs;
c
specify the proposed terms of the order, and for how long it should last;
d
explain—
i
what power the court has to make the order, and
ii
why an order in the terms proposed is necessary;
e
where the application is for a reporting direction under section 45A of the Youth Justice and Criminal Evidence Act 1999214 (Power to restrict reporting of criminal proceedings for lifetime of witnesses and victims under 18), explain—
i
how the circumstances of the person whose identity is concerned meet the conditions prescribed by that section, having regard to the factors which that section lists; and
ii
why such a reporting direction would be likely to improve the quality of any evidence given by that person, or the level of co-operation given by that person to any party in connection with the preparation of that party’s case, taking into account the factors listed in that section; and
f
where the application is for a reporting direction under section 46 of the Youth Justice and Criminal Evidence Act 1999215 (Power to restrict reports about certain adult witnesses in criminal proceedings), explain—
i
how the witness is eligible for assistance, having regard to the factors listed in that section, and
ii
why such a reporting direction would be likely to improve the quality of the witness’ evidence, or the level of co-operation given by the witness to the applicant in connection with the preparation of the applicant’s case, taking into account the factors which that section lists.
[Note. Under section 45A(10) or section 46(9) of the Youth Justice and Criminal Evidence Act 1999, if the conditions prescribed by those sections are met the court may make an excepting direction dispensing, to any extent specified, with the restrictions imposed by a reporting direction made under those sections.]
Varying or removing restrictions6.5
1
This rule applies where the court can vary or remove a reporting or access restriction.
2
Unless other legislation otherwise provides, the court may do so—
a
on application by a party or person directly affected; or
b
on its own initiative.
3
A party or person who wants the court to do so must—
a
apply as soon as reasonably practicable;
b
notify—
i
each other party, and
ii
such other person (if any) as the court directs;
c
specify the restriction; and
d
explain, as appropriate, why it should be varied or removed.
4
A person who wants to appeal to the Crown Court under section 141F of the Education Act 2002216 must—
a
serve an appeal notice on—
i
the Crown Court officer, and
ii
each other party;
b
serve on the Crown Court officer, with the appeal notice, a copy of the application to the magistrates’ court;
c
serve the appeal notice not more than 15 business days after the magistrates’ court’s decision against which the appellant wants to appeal; and
d
in the appeal notice, explain, as appropriate, why the restriction should be maintained, varied or removed.
5
Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.
[Note. Under section 141F(7) of the Education Act 2002, a party to an application to a magistrates’ court to remove the statutory restriction on reporting an alleged offence by a teacher may appeal to the Crown Court against the decision of the magistrates’ court. With the Crown Court’s permission, any other person may appeal against such a decision.]
Trial in private6.6
1
This rule applies where the court can order a trial in private.
2
A party who wants the court to do so must—
a
apply in writing not less than 5 business days before the trial is due to begin; and
b
serve the application on—
i
the court officer, and
ii
each other party.
3
The applicant must explain—
a
the reasons for the application;
b
how much of the trial the applicant proposes should be in private; and
c
why no measures other than trial in private will suffice, such as—
i
reporting restrictions,
ii
an admission of facts,
iii
the introduction of hearsay evidence,
iv
a direction for a special measure under section 19 of the Youth Justice and Criminal Evidence Act 1999,
v
a witness anonymity order under section 86 of the Coroners and Justice Act 2009, or
vi
arrangements for the protection of a witness.
4
Where the application includes information that the applicant thinks ought not be revealed to another party, the applicant must—
a
omit that information from the part of the application that is served on that other party;
b
mark the other part to show that, unless the court otherwise directs, it is only for the court; and
c
in that other part, explain why the applicant has withheld that information from that other party.
5
The court officer must at once—
a
display notice of the application somewhere prominent in the vicinity of the courtroom; and
b
give notice of the application to reporters by such other arrangements as the Lord Chancellor directs.
6
The application must be determined at a hearing which—
a
must be in private, unless the court otherwise directs;
b
if the court so directs, may be, wholly or in part, in the absence of a party from whom information has been withheld; and
c
in the Crown Court, must be after the defendant is arraigned but before the jury is sworn.
7
At the hearing of the application—
a
the general rule is that the court must consider, in the following sequence—
i
representations first by the applicant and then by each other party, in all the parties’ presence, and then
ii
further representations by the applicant, in the absence of a party from whom information has been withheld; but
b
the court may direct other arrangements for the hearing.
8
The court must not hear a trial in private until—
a
the business day after the day on which it orders such a trial, or
b
the disposal of any appeal against, or review of, any such order, if later.
Representations in response6.7
1
This rule applies where a party, or person directly affected, wants to make representations about an application or appeal.
2
Such a party or person must—
a
serve the representations on—
i
the court officer,
ii
the applicant,
iii
each other party, and
iv
such other person (if any) as the court directs;
b
do so as soon as reasonably practicable after notice of the application; and
c
ask for a hearing, if that party or person wants one, and explain why it is needed.
3
Representations must—
a
explain the reasons for any objection; and
b
specify any alternative terms proposed.
Order about restriction or trial in private6.8
1
This rule applies where the court—
a
orders, varies or removes a reporting or access restriction; or
b
orders a trial in private.
2
The court officer must—
a
record the court’s reasons for the decision; and
b
as soon as reasonably practicable, arrange for notice of the decision to be—
i
displayed somewhere prominent in the vicinity of the courtroom, and
ii
communicated to reporters by such other arrangements as the Lord Chancellor directs.
SOUND RECORDING AND ELECTRONIC COMMUNICATION
Sound recording and electronic communication6.9
1
This rule applies where the court can give permission to—
a
bring into a hearing for use, or use during a hearing, a device for—
i
recording sound, or
ii
communicating by electronic means; or
b
publish a sound recording made during a hearing.
2
The court may give such permission—
a
on application; or
b
on its own initiative.
3
A person who wants the court to give such permission must—
a
apply as soon as reasonably practicable;
b
notify—
i
each party, and
ii
such other person (if any) as the court directs; and
c
explain why the court should permit the use or publication proposed.
4
As a condition of the applicant using such a device, the court may direct arrangements to minimise the risk of its use—
a
contravening a reporting restriction;
b
disrupting the hearing; or
c
compromising the fairness of the hearing, for example by affecting—
i
the evidence to be given by a witness, or
ii
the verdict of a jury.
5
Such a direction may require that the device is used only—
a
in a specified part of the courtroom;
b
for a specified purpose;
c
for a purpose connected with the applicant’s activity as a member of a specified group, for example representatives of news-gathering or reporting organisations; or
d
at a specified time, or in a specified way.
Forfeiture of unauthorised sound recording6.10
1
This rule applies where someone without the court’s permission—
a
uses a device for recording sound during a hearing; or
b
publishes a sound recording made during a hearing.
2
The court may exercise its power to forfeit the device or recording—
a
on application by a party, or on its own initiative; and
b
provisionally, despite rule 6.2(3), to allow time for representations.
3
A party who wants the court to forfeit a device or recording must—
a
apply as soon as reasonably practicable;
b
notify—
i
as appropriate, the person who used the device, or who published the recording, and
ii
each other party; and
c
explain why the court should exercise that power.
[Note. Under section 9(3) of the Contempt of Court Act 1981217, the court can forfeit any device or recording used or made in contravention of section 9(1) of the Act.]