Section 52A Crime and Disorder Act 1998

Question 1

To what cases do Section 52A restrictions apply?

Answer 1

Never apply to summary charges.

Apply automatically to all magistrate court hearings involving indictable-only cases

AND hearings involving either-way cases which will/could be tried in future

Question 2

When do Section 52A restrictions cease to apply?

Answer 2

Court may lift restrictions if defendant requests this in interest of justice,
In either-way case if sole/all defendants plead guilty so will be no trial or sending to Crown court,
And at conclusion of the trial,
BUT even if restrictions lifted by MC, reports should not refer to previous convictions of a defendant (risk of contempt)

Question 3

What can still be reported under Section 52A?

Answer 3

• Name of court and magistrate
• Name, age, home address and occupation of each defendant
• Charge (or summary of it)
• Names of lawyers engaged in proceedings
• If proceedings adjourned, date & name of place adjourned to
• Bail arrangements (but not why bail refused as could be prejudicial)
• Whether legal aid granted
• Safe to publish the fact that reporting restrictions in place

Question 4

Purpose of Section 52A restrictions

Answer 4

To avoid prejudice to a case’s crown court trial.
Potential jurors should not be able to read about evidence heard at preliminary hearing as evidence that goes to trial could differ.

Question 5

Indictable-only offences

Answer 5

Most serious offences.
Only tried in Crown court.
Adult defendant makes preliminary appearance at magistrate court but then ‘sent for trial’ to CC.
Decision to ‘send for trial’ automatic.
If defendant pleads guilty CC judge will sentence.
If charge denied, trial by jury.

Question 6

Either-way offences

Answer 6

Minor/Serious offences.
Depends on circumstances e.g. theft/sexual assault.
Can be dealt with either by magistrates or at CC.
Can be dealt with by magistrate on summary basis if defendant wants this and magistrate agrees.
BUT if magistrate decides case too serious and that their power insufficient or defendant chooses jury trial.

Question 7

Summary offences

Answer 7

Relatively minor offences.
Dealt with by magistrates.
Try case if charge is denied after ‘guilty’ verdict/plea.

Question 8

Power of magistrates

Answer 8

Max prison sentence can impose is 6 months for one offence and 12 months for two or more offences.

Question 9

Who prosecutes?

Answer 9

CPS considered to be acting in court for the head of state on behalf of whole nation.
In court prosecution referred to as ‘The Crown’.
Cases listed e.g. R (Regina) v John Smith.