What can I say? Media Law Part Two

Despite missing this weeks Law lecture through illness, the required reading set gave me quite an insight into the way the law affects journalists, specifically how it limits the amount and type of information one can disclose regarding a court case. Essentially, if a court case is ongoing there is very little detail you can release without being vulnerable to legal action. With regards to either way offences in Magistrates courts, the restrictions of reporting fall under the 1980 Magistrates' Courts Act. The result of which is that while a preliminary hearing is ongoing in a Magistrates court, only the following may be published:
- the name of the court
- the names, addresses and occupations of the parties
- the charge(s)
- the names of any legal representatives involved
- arrangements as to bail
- if proceedings are adjourned, where and when they will resume
- whether legal aid was granted
- the fact that reporting restrictions are in place
This is sufficient detail to describe basics of the case and those involved, however it prevents, or is designed to prevent, the release of any information which may create prejudice, including previous convictions of the defendant, and any reference to evidence in the case. Journalists will routinely publish these details, along with any protestations of innocence, as long as they apply to all charges faced, and if the defendant has chosen trial by jury. If it is a committal hearing, reporters may additionally tell of any decision of the magistrates to commit any defendant to Crown court for trial, the charge(s) and the court to which the defendant is commited. It is also permissible for journalists to report scene setting information, as long as the information is unbiased and not likely to affect any potential juror who may read the article. These restrictions are more or less identical for adult trials in Crown courts, with the restrictions being lifted automatically once the trial ends. Defendants may also request to have the restrictions lifted if they desire, however the decision is down to the magistrate or judge.
There are two main situations, however, where the restrictions are more severe.
The first is in summary cases in a magistrates court. The restrictions are largely the same, however only;
- the name of the court
- the names, ages, addresses and occupations of defendants and witnesses
- the charge(s)
- the names of solcitors and barristers involved
- if the case is adjourned, where and when it will resume
- arrangements as to bail
- whether legal aid was granted
Magistrates can choose to lift the restrictions, as long as there are no objections from the defendant and it is in the interests of justice.
The major difference is where the defendant is considered a juvenile, and in this situation only limited information may be released.
Section 49 of the Children and Young Persons Act 1933 prohibits the identification of any defendant or witness under the age of 18 in a juvenile court case, unless in exceptional circumstances.
There is no automatic protection for young people appearing in adult courts, although the court has discretion to apply the restrictions of section 39 of the above act. Under section 49, the restrictions can be lifted in the 'public interest' (see previous blog post), or to avoid injustice.

There are obvious motives for these restrictions, they ensure fairness in court proceedings, protect those involved and still allow the public some knowledge of what is occuring in a given court case.
However, do defendants in court cases deserve protection? In the UK everyone is innocent until proven guilty, however to be taken to court there is almost always substantial evidence that they are guilty, so should there not be more freedom for reporters to describe proceedings?
As for ensuring fairness, should journalists not be both motivated and committed to releasing only information which would not influence the case, regardless of legal restrictions?