SECTION 52A

Question 1

WHAT ACT?

Answer 1

Crime and Disorder Act, 1998

Question 2

WHAT DOES IT COVER?

Answer 2

Preliminary proceedings

Any such hearing at magistrates’ courts which occurs before ‘allocation’ or ‘sending’

Question 3

WHAT DOES IT DO? WHY?

Answer 3

Restricts reporting on preliminary proceedings at magistrates court in cases which have potential for jury trial

People who read or hear information from the media given at a preliminary hearing might then serve on a jury in those cases

Jurors can only consider the evidence presented at trial and should not be influenced by pre-trial coverage

Question 4

PREVENTS PUBLICATION OF

Answer 4

Any reference to evidence in the case [except wording in the charge]

Defendant’s previous convictions

Suggestion that a defendant is guilty of more offences than the crime alleged

Any other materials that could cause prejudice

NAME OF THE WITNESS APPARENTLY unless PART OF CHARGE

Question 5

SAFE TO REPORT

Answer 5

Name, age, address and occupation of the defendant

The charges

Name of the counsel and solicitors

If proceedings are adjourned and when and where they have been adjourned to

Whether bail was granted or not and any conditions

Whether legal aid was authorised

Question 6

WHY CAN’T YOU REPORT EVIDENCE HEARD AT PRELIMINARY HEARING?

Answer 6

Some evidence might be referred to in detail in an allocation or sending hearing that might not figure in the trial

Judge might have ruled some of the evidence inadmissible, such as a confession made under duress

Crown court jury not told a defendant’s previous convictions but they may have been referred to at a ‘sending hearing’

A jury could be prejudiced against a defendant if they recalled info about previous convictions

Question 7

DENIALS OF GUILT

Answer 7

These are not stated under Section 52A but the media are safe to report them because:

Fairness - It seems only fair to the defendant to quote his/her denial of guilt and choice of jury trial which indicates they will deny the charges

It cannot be prejudicial as a jury will know they have denied the charges

Question 8

IF THEY PLEAD GUILTY

Answer 8

A defendant’s indication of an intention to plead guilty is automatically treated as a formal plea of guilty, convicting him/ her of the offence

If this is the only charge in the case, the section 52A restrictions automatically lapse as their won’t be a trial

Question 9

IF DEFENDANT CHOOSES TO BE TRIED BY MAGISTRATES

Answer 9

(For either-way offence)

If the defendant chooses to be tried by the magistrates – that is, summary trial – he/she asked to enter a formal plea

If he/she pleads not guilty, the trial will take place in that court, most likely after an adjournment to permit preparations

The section 52A restrictions continue to apply reports of the ‘allocation’ hearing until the trial is concluded