(1)Except as provided by this section no publication shall include a report of—
(a)anything done under section 58, 59, 62, 63 or 64,
(b)an appeal under this Part,
(c)an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part, or
(d)an application for leave to appeal in relation to an appeal mentioned in paragraph (b) or (c).
(2)The judge may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—
(a)anything done under section 58, 59, 62, 63 or 64, or
(b)an application to the judge for leave to appeal to the Court of Appeal under this Part.
(3)The Court of Appeal may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—
(a)an appeal to the Court of Appeal under this Part,
(b)an application to that Court for leave to appeal to it under this Part, or
(c)an application to that Court for leave to appeal to the [F1Supreme Court] under Part 2 of the 1968 Act.
(4)The [F2Supreme Court] may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—
(a)an appeal to [F3the Supreme Court] under Part 2 of the 1968 Act, or
(b)an application to [F3the Supreme Court] for leave to appeal to it under Part 2 of that Act.
(5)Where there is only one defendant and he objects to the making of an order under subsection (2), (3) or (4)—
(a)the judge, the Court of Appeal or the [F4Supreme Court is] to make the order if (and only if) satisfied, after [F5considering] the representations of the defendant, that it is in the interests of justice to do so, and
(b)the order (if made) is not to apply to the extent that a report deals with any such objection or representations.
(6)Where there are two or more defendants and one or more of them object to the making of an order under subsection (2), (3) or (4)—
(a)the judge, the Court of Appeal or the [F4Supreme Court is] to make the order if (and only if) satisfied, after [F6considering] the representations of each of the defendants, that it is in the interests of justice to do so, and
(b)the order (if made) is not to apply to the extent that a report deals with any such objection or representations.
(7)Subsection (1) does not apply to the inclusion in a publication of a report of—
(a)anything done under section 58, 59, 62, 63 or 64,
(b)an appeal under this Part,
(c)an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part, or
(d)an application for leave to appeal in relation to an appeal mentioned in paragraph (b) or (c),
at the conclusion of the trial of the defendant or the last of the defendants to be tried.
(8)Subsection (1) does not apply to a report which contains only one or more of the following matters—
(a)the identity of the court and the name of the judge,
(b)the names, ages, home addresses and occupations of the defendant or defendants and witnesses,
(c)the offence or offences, or a summary of them, with which the defendant or defendants are charged,
(d)the names of counsel and solicitors in the proceedings,
(e)where the proceedings are adjourned, the date and place to which they are adjourned,
(f)any arrangements as to bail,
[F7(g)whether, for the purposes of the proceedings, representation was provided to the defendant or any of the defendants under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.]
(9)The addresses that may be included in a report by virtue of subsection (8) are addresses—
(a)at any relevant time, and
(b)at the time of their inclusion in the publication.
(10)Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of any matter in a publication.
(11)In this section—
“programme service” has the same meaning as in the Broadcasting Act 1990 (c. 42),
“publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings,
“relevant time” means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred,
“relevant programme” means a programme included in a programme service.
Textual Amendments
F1Words in s. 71(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148, Sch. 9 para. 82(3)(a); S.I. 2009/1604, art. 2(d)
F2Words in s. 71(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148, Sch. 9 para. 82(3)(b); S.I. 2009/1604, art. 2(d)
F3Words in s. 71(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148, Sch. 9 para. 82(3)(b); S.I. 2009/1604, art. 2(d)
F4Words in s. 71(5)(6) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148, Sch. 9 para. 82(3)(c); S.I. 2009/1604, art. 2(d)
F5Word in s. 71(5)(a) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 15(7), 51(3)
F6Word in s. 71(6)(a) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 15(7), 51(3)
F7S. 71(8)(g) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 65; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
Commencement Information
I1S. 71 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to art. 2(2), Sch. 2)