Section 52A crime and disoder act 1998

Question 1

What can be reported on under this act?

Answer 1

The identity: the name of the court and magistrates.

For each defendants their name, age, and home address and occupation.

Question 2

What happens if the defendant intends to plead guilty?

Answer 2

In an either way charge it can be reported as a formal plea.
Exporting restrictions cease to apply.
Even if the magistrates commit to crown for sentencing.

Question 3

What are the different types of offences?

Answer 3

Indictable only - most serious cases (crown court).
Either way - can be dealt with in either court.
Summery - can be dealt with in magistrates.

Question 4

What happens if the defendant intends to plead not guilty?

Answer 4

Magistrates will then decide wether it can be tried in magistrates or crown. (Allocation procedure.)
Section 52A will continue regardless.
If at an allocation period it is decided that it can be heard ar summery the defendant can choose to be tried in front of a jury.
In whatever circumstance 52A applies.

Question 5

What does the section 52A crime and disorder act 1998 say?

Answer 5

There are reporting restrictions that apply to allocation and/or sending hearings. They apply automatically to all hearings at magistrates courts including an indictable only case and the hearings which will or could be tried in the future.

Question 6

When do restrictions not apply?

Answer 6

If the defendant requests or the court decides it is in the interests of justice.
In an either way case where the defendant pleads guilty.
When restrictions cease to apply at the end of allocation and/or sending procedure.