The Criminal Procedure Rules have been amended to strengthen notification requirements and judicial oversight of reporting restrictions in criminal proceedings. These amendments aim to balance the principle of open justice with the need to protect the fairness of proceedings and persons involved.

Some reporting restrictions are mandatory, such as restrictions on reporting the identity of complainants in sexual offence cases or of youths in the Youth Court. Others are discretionary and can be imposed if certain conditions are met, including delays in reporting or withholding information from the public.

Discretionary orders can require a delay in reporting or prevent the reporting of names or information that could identify young or vulnerable defendants or witnesses. Before making such an order, the court will hear from members of the media to ensure that press freedom and open justice are considered.

An Explanatory Memorandum to the Criminal Procedure Rules noted that journalists often did not receive notice of applications for reporting restrictions or orders that had been made. To address this, arrangements were made between media representatives and HM Courts and Tribunals Service to facilitate notice through lists of interested journalists’ email addresses.

The amended rules, including Rule 6.2, state that the court may not make a reporting restriction unless all parties and directly affected persons have been notified and have had an opportunity to attend or make representations. Rule 6.4 requires applications to be made as soon as possible, including a description of the court’s power to make the order and why the proposed terms are necessary.

The application must include information about the proposed terms and duration of the order. If the application is for an order protecting youths and vulnerable witnesses, the applicant must provide further relevant information. The applicant must also notify all other parties, reporters, and persons as directed by the court.

The amendments specify that orders should be put in writing as soon as possible, and the media should be notified about the existence and terms of the order. Similar rules apply to applications to vary or remove reporting restrictions. The court must keep these orders under review, considering and reviewing reporting restrictions during trial preparation and immediately before trial.