Legal issues
Automatic protections
- Children in the Youth Court: Children and Young Persons Act 1933, section 49.
- Complainants of sexual offences: lifelong anonymity under the Sexual Offences (Amendment) Act 1992.
Discretionary orders
- Restrictions on identifying under 18s in adult courts (Youth Justice and Criminal Evidence Act 1999, section 45).
- Postponing reports to avoid prejudice to another trial (Contempt of Court Act 1981, section 4(2)).
- Withholding a name where the court has allowed it in proceedings (section 11).
Before charge
The Supreme Court held in ZXC v Bloomberg [2022] UKSC 5 that a person under criminal investigation generally has a reasonable expectation of privacy in that fact before charge.
Evidence that matters
An application for a reporting restriction needs evidence of the specific harm, for example to a child or to the fairness of another trial. Embarrassment or harm to business is not normally enough.
Reasonable lines of enquiry
Questions to raise early
- Are there children or complainants whose identities must be protected?
- Is there a linked trial that reporting could prejudice?
- Has any pre-charge publicity breached privacy?
What happens next
Applications for restrictions are made to the court, and the press can make representations against them. Open justice is the starting point.
Immediate steps
- Do not comment to the press or on social media.
- Tell your solicitor at once if a journalist contacts you.
- Keep copies of any publication about you.
What should you send us?
Send the charge and court date, any press contact and copies of publications.