AddThis SmartLayers

Law Column: New reporting restrictions come into force

footansteylogonewWith the Easter Weekend just behind us, this is a good time to discuss the significant reforms to Court reporting restrictions set to come into force on April 13th 2015.

These reforms, announced just recently, are poised to spark fundamental changes to the way in which reporting restrictions are applied in relation to court proceedings and although our old friend S.39 (of the Children and Young Persons Act 1933) will not disappear, it is about to be overshadowed by newer, more extensive, restrictions.

Regular readers of this Column will know that S.39 orders and the like are topics that emerge frequently and more often than not are the subject of fierce criticism where their provisions are applied in inappropriate circumstances.

Recently, debate surrounded the case of JC & RT, in which the issue of whether anonymity provisions for the under-18s ended when they reached their 18th birthday. In his judgment, Sir Brian Leveson noted that whilst Parliament had made provision for adult witnesses to be given lifelong anonymity in certain situations, no such provisions were in place in relation to juveniles. Sir Brian went on to say that “it is for Parliament to fashion a solution: the problem requires to be addressed as a matter of urgency”.

Sir Brian’s comments have coincided rather neatly with the coming into force of various new statutory reporting laws. The main changes are –

• S.39 has been amended to relate only to proceedings in the civil and family courts (except for those proceedings in the criminal courts that relate to ASBOs, Criminal Behaviour Orders and, when they come into force, Civil Injunctions). At the same time, the scope of orders under S.39 has been widened to cover not only newspaper articles but also online content including social media. It is also now settled that orders made under S.39 will expire once the subject has turned 18.

• Section 45 of the Youth Justice and Criminal Evidence Act 1999 is finally brought into force and provides that reporting restrictions can be put into place to prohibit the identity of any person (including the defendant) who is aged under 18 at the time when the proceedings commenced in any criminal court except the Youth Court. Such restrictions again, expire when the subject turns 18.

• Possibly the most significant change brought about by the imminent reforms will be the introduction of reporting restrictions made under S.45A YJCEA 1999 which give a victim or witness in criminal proceedings in any criminal court, who is under the age of 18 at the time the proceedings commenced, lifetime anonymity. It is important to note that orders of this nature cannot be made in relation to defendants.

• Finally, although not technically part of the current reforms, since it came into force on March 12th, Magistrates have been given the power to impose unlimited fines in cases where reporting restrictions have been breached. Previously such fines were capped at £5,000 but it’s worth noting that the levels of fine imposed will now depend on the seriousness of the breach in question.

At first glance, all these changes mean that the scope of Court reporting restrictions have been broadened, and that the potential financial consequences of a breach have been made more severe.

The powers to restrict reporting of Court cases have undoubtedly been extended. Although we have yet to see any updated guidance from the Judicial College, the optimist in me takes comfort in the possibility that there might just be improvements to the clarity and consistency of applications for, and the making of, Court reporting restrictions. And surely any advancement in this area has to be a good thing?

It might have just been Easter – but this is certainly no yolk!