Part 8 - Challenges to court orders restricting reporting and excluding the media Flashcards
Outline the methods to query or challenge restrictive decisions made by magistrates and Crown court judges on what may be reported or to exclude the media from a court hearing.
In court, the reporter/editor should approach the clerk/legal adviser as the first step. If an order has already been made, the clerk/legal adviser can be asked to:
- supply it in written form, if this has not already been provided
- specify in writing why it was made, if the order did not make this clear
- state in writing the statute and section under which it was made, if the order does not state this.
Reporters opposing a restriction or exclusion should remind the court of their and the public’s Convention rights under Article 10.
What are the legal routes of taking a challenge to restrictive decisions made by a magistrates or Crown court to a higher court?
- Application for judicial review by the High Court Queen’s Bench Division
- Challenge under section 159 of the Criminal Justice Act 1988 which gives the media a route of appeal to the court of appeal
What is the disadvantage of applying for judicial review when challenging a court’s decision?
This normally involves hiring lawyers and there is a court fee and, if the challenge fails, the journalist or media organisation may have to meet some or all of the costs of any party which opposed the application. An applicant may even have to bear its own costs even when successful.
What is the disadvantage of challenging a court’s decision under section 159 of the Criminal Justice Act 1988?
The appeal may not be considered quickly, so a story might have lost any news value, and will normally involve hiring lawyers, paying a court fee and, even if it succeeds, costs.
What must be noted about reporting restrictions that are invalid?
An invalid order made by a court to restrict reporting must be obeyed until it is rescinded by a court.
What can a journalist refer to in a challenge against a court’s decision on reporting restrictions or exclusion?
The societal benefits of open justice.
Outline the relevance of Article 10 of the European Convention on Human Rights to the public interest in open justice.
In the context of challenges to proposed or imposed reporting restrictions, or in applications by a journalist to see case material, Article 10 can protect the media’s right to receive and impart information, and the public’s to receive it - and that therefore Article 10 should be cited and quoted in such challenges and applications.
