Criminal Justice Act 2003, section 71

Restrictions on reporting

Part 9 Prosecution appeals

(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 [F116Supreme CourtF116] under Part 2 of the 1968 Act.

(4)The [F117Supreme CourtF117] 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 [F118the Supreme CourtF118] under Part 2 of the 1968 Act, or

(b)an application to [F118the Supreme CourtF118] 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 [F119Supreme Court isF119] to make the order if (and only if) satisfied, after [F120consideringF120] 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 [F119Supreme Court isF119] to make the order if (and only if) satisfied, after [F121consideringF121] 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,

[F122 (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.F122]

(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.

Definitions used in section 71 5

publication

“publication” has the meaning given by section 71(11),

Defined in s.74(1) · see it in the full Act
the 1968 Act

(3) In this Part “the 1968 Act” means the Criminal Appeal Act 1968 (c. 19).

Defined in s.68(3) · see it in the full Act

“the 1968 Act” means the Criminal Appeal Act 1968 (c. 19).

Defined in s.74(1) · see it in the full Act
the court

(2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.

Defined in Sch.22 para.11(2) · see it in the full Act
relevant programme

“relevant programme” has the meaning given by section 71(11),

Defined in s.74(1) · see it in the full Act
programme service

“programme service” has the meaning given by section 71(11),

Defined in s.74(1) · see it in the full Act

Cases considering section 71 49

R v ACR

[2025] EWCA Crim 1220 · 30 July 2025

The court confirms the reporting restrictions under section 71, subject to its direction permitting publication of the anonymised judgment while prohibiting further publication of case details. (see paras [2]; [34]) The court uses section 71(3) to direct that the anonymised judgment may be reported, while leaving the remaining reporting restrictions in force. (see para [34])

R v BXQ

[2025] EWCA Crim 1088 · 14 May 2025Disapplies

Limits publication of information identifying the anonymised case and persons involved. The court disapplied the restriction to permit publication of the anonymised judgment, while retaining the prohibition on identification. (see paras [2]; [61])

R v AEB & Ors

[2024] EWCA Crim 1320 · 1 November 2024Disapplies

The court used s71 to regulate reporting of the appeal and judgment while the trial was pending, ordering anonymity under s71(3) and disapplying s71(1) subject to that order. (see paras [5]-[7]) The court disapplied the reporting prohibition in s71(1), subject to the continuing anonymity order. (see paras [6]-[7]) The court exercised s71(3) to prohibit reports identifying the defendants, trial location or challenged judge until conclusion of the Crown Court proceedings or further order. (see paras [6]-[7])

29 more judgments, and what each says about section 71, are in the case-law panel in the full Act.

Explanatory note

304.Subsection (1) contains a general prohibition on the reporting of appeals arising under this Part of the Act. This general prohibition is qualified by subsections (7) and (8) which provide that the restriction ends at the conclusion of the trial and does not apply to various matters including details of the court, the defendants, witnesses, legal representatives and the offences at issue.

305.Subsections (2), (3) and (4) give the judge, the Court of Appeal and the House of Lords respectively, power, by order, to lift the reporting restriction under subsection (1) either completely or to a specified extent. If the defendant(s) object to the making of such an order, such an order may only be made if it would be in the interests of justice to do so (subsections (5) and (6)).

306.Subsection (10) ensures that any other restrictions on the reporting of court proceedings are preserved.

All the explanatory notes for the Act

Amendments and notes

8 notes from legislation.gov.uk

Amendments

  1. F116Words 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)
  2. F117Words 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)
  3. F118Words 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)
  4. F119Words 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)
  5. F120Word in s. 71(5)(a) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 15(7), 51(3)
  6. F121Word in s. 71(6)(a) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 15(7), 51(3)
  7. F122S. 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) this amendment is subject to savings and/or transitional provisions, see the commentary.

Commencement

  1. I46S. 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)