Challenging reporting restrictions

Question 1

Making a challenge in court

Answer 1

Challenge taken to a higher court, if initial challenge fails:
- Decisions in magistrates court can be taken to high court for judicial review
- Decisions in crown court can be taken to court of appeal
= s159 criminal justice act

Question 2

Making a challenge in court

Answer 2

Journalists should:

• Get editor to fax or email a letter
• Ask clear to supply the notice of restriction in written form
• Explain why it was necessary
• Quote case law if possible
• Approach the clerk, pass them a note for the judge

Question 3

Areas of law media have challenged

Answer 3

• s1 Sexual offences act: automatic anonymity, restrictions for complaints/victims
• s4(2) CoCA: temporary ban order
• s11 CoCA: permanent ban order
• s49 CYPA: automatic anonymity for juveniles & youth court
• s45 YJCE: anonymity imposed on juvenile in adult court

Question 4

Media’s right to be heard

Answer 4

Rule 16.2 of Criminal Procedure rules (CPR)
- Court should not impose a restriction unless each party affected was present or had an opportunity to make representations (incl media)

Question 5

Media’s right to be heard

Answer 5

Rule 16.4 of Criminal Procedure rules (CPR)

• Journalists have 24 hours to make representations
• Parties applying for a restriction should give the media advance notice
• Court has discretion to hear applications without notice & without media present

Question 6

Court of Appeal 1998

Answer 6

Judge Christopher Staughton:

“When both sides agreed that info should be kept from public, that was when the court had to be vigilant”

Question 7

Court of Appeal 2011

Answer 7

Lord Neuberger:
“Courts should ensure that the restrictions on access & reporting is the minimum necessity to enable justice to be done in that case”

Question 8

Principle of Open Justice

Answer 8

Scott v Scott 1913:

House of Lords judgement: “public trial is the best security for pure, impartial & efficient administration of justice”

Question 9

Rule 5.8 Criminal Procedure Rules (CPR)

Answer 9

Anyone can be supplied with:

• Each alleged offence
• Date of any public hearing in that case
• Any plea entered
• Court decision on bail
• Appeal
• IDs of defendants, prosecutor, judge, lawyers & lawyers address

Requests made orally, older can requests must be in writing

Question 10

Part 5B Criminal Practice Directions

Answer 10

Journalists should be allowed access to opening notes, written submissions & skeleton arguments used by counsel in criminal courts.

Other case documents can be provided at court discretion.

A request for case documents should be first addressed to party presenting it, refusal = approaching the courts.

Question 11

Skeleton Arguments

Answer 11

Documents in which each side sets out their case