Court Reporting 2 - Automatic Restrictions

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Section 52A Crime and Disorder Act 1998

This act tightly limits what can be published contemperaneously from a preliminary hearing in a magistrates court.

They restrict media reports of 'allocation' and 'sending' hearings from disclosing information which could create a risk of prejudice to jury trials and cover any hearing of such cases at the magistrates' courts which occurs before allocation and sending.

The concern is that people reading or listening to a news report of a preliminary hearing might include some who will later be called to be jurors in that case when it's tried at Crown court. Justice demands that jurors try the case only on the evidence put in front of them.

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What are the restrictions in Section 52A?

The Section 52A restrictions are designed to prevent publication from preliminary hearings of:

  • any reference to evidence in the case, apart from what is encapsulated in the wording of the charges
  • a defendant's previous convictions
  • any other material with potential to create prejudice
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What can be published from preliminary hearings?

  • The name of the court and the magistrates' names
  • the accused's name, age, home address, and occupation
  • the charges in full or summarised
  • relevant business information (in cases of serious or complex fraud)
  • names of counsel
  • date and place to which proceedings are adjourned
  • arrangements as to bail
  • whether legal aid was authorised

The fact that reporting restrictions are in place can also be reported.

When reporting preliminary hearings covered by Section 52A, the media routinely publish:

  • basic protestations of innocence
  • that in an either-way case a defendant has chosen trial by jury
  • final denial of guilt
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Section 52B of the Crime and Disorder Act 1998

Section 52B of the act says any proprietor, editor, or publisher of a newspaper can be prosecuted if it breaches Section 52A.

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When do Section 52A restrictions cease to apply?

  • A magistrates' court lifts the restrictions
  • if it becomes clear there will be no trial
  • after the last trial ends or if the case does not proceed

Restrictions do not apply to the reporting of the actual trial

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Section 52A at Youth Court

Section 52A restrictions also apply to preliminary proceedings in serious cases at youth court. They apply to any hearing in a youth court where the case must be sent to the Crown court and to allocation hearings, and to any type of sending or transfer hearing for a case in which there remains potential for a trial.

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