Criminal Justice Act 2003 s.82 – Restrictions on publication in the interests of justice

(1)Where it appears to the Court of Appeal that the inclusion of any matter in a publication would give rise to a substantial risk of prejudice to the administration of justice in a retrial, the court may order that the matter is not to be included in any publication while the order has effect.

(2) In subsection (1) “retrial” means the trial of an acquitted person for a qualifying offence pursuant to any order made or that may be made under section 77.

(3)The court may make an order under this section only if it appears to it necessary in the interests of justice to do so.

(4)An order under this section may apply to a matter which has been included in a publication published before the order takes effect, but such an order—

(a)applies only to the later inclusion of the matter in a publication (whether directly or by inclusion of the earlier publication), and

(b)does not otherwise affect the earlier publication.

(5)After notice of an application has been given under section 80(1) relating to the acquitted person and the qualifying offence, the court may make an order under this section only—

(a)of its own motion, or

(b)on the application of the Director of Public Prosecutions.

(6)Before such notice has been given, an order under this section—

(a)may be made only on the application of the Director of Public Prosecutions, and

(b)may not be made unless, since the acquittal concerned, an investigation of the commission by the acquitted person of the qualifying offence has been commenced by officers.

(7)The court may at any time, of its own motion or on an application made by the Director of Public Prosecutions or the acquitted person, vary or revoke an order under this section.

(8)Any order made under this section before notice of an application has been given under section 80(1) relating to the acquitted person and the qualifying offence must specify the time when it ceases to have effect.

(9)An order under this section which is made or has effect after such notice has been given ceases to have effect, unless it specifies an earlier time—

(a)when there is no longer any step that could be taken which would lead to the acquitted person being tried pursuant to an order made on the application, or

(b)if he is tried pursuant to such an order, at the conclusion of the trial.

(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 or any power, under an enactment or otherwise, to impose such a prohibition or restriction.

(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 programme” means a programme included in a programme service.

Definitions used in section 82 4

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
qualifying offence: “qualifying offence” has the meaning given by section 75(8).
Defined in s.95(1) · see it in the full Act; (8) In this Part “qualifying offence” means an offence listed in Part 1 of Schedule 5.
Defined in s.75(8) · see it in the full Act
acquittal: “acquittal” and related expressions are to be read in accordance with section 75(7),
Defined in s.95(1) · see it in the full Act
officer: “officer”, except in section 83, means an officer of a police force or a customs and excise officer,
Defined in s.95(1) · see it in the full Act

Cases considering section 82 5

Attorney-General's Reference No. 3 of 1999: Application by the British Broadcasting corporation to set aside or vary a Reporting Restriction Order

[2009] UKHL 34 · 17 June 2009

The provision supplies express power to restrict publication where necessary to prevent substantial prejudice to a retrial. It also illustrated the safeguards available if retrial proceedings were commenced (see paras [4]; [28]).

R v Robert Rhodes

[2024] EWCA Crim 1411 · 25 November 2024

Applied the publication-restriction power and continued the order until the retrial or further order because publication created a substantial risk of prejudice to the administration of justice. (see para [32])

Bishop, R. v

[2018] EWCA Crim 27 · 23 January 2018

The court continued the publication restriction until the conclusion of any retrial. (see para [180])

Reilly, R v[2017] EWCA Crim 1333 · 7 September 2017
MH, R v[2015] EWCA Crim 585 · 12 June 2015

What each judgment says about section 82 is in the case-law panel in the full Act.

Explanatory note

326.Section 82 makes provisions for reporting restrictions to apply in respect of matters surrounding the application for a retrial, until either the end of the re-trial or to any point at which it is clear that the acquitted person can no longer be re-tried. These provisions are aimed at ensuring that a fair trial can take place by limiting the extent to which the media can report on the proceedings under this Part of the Act, to ensure that any potential jury is not influenced by these developments. Reporting restrictions may be sought only by the Director of Public Prosecutions or made by the Court of its own motion and may be imposed by order of the Court of Appeal at any stage after a new investigation into the acquitted person has commenced. The restrictions may apply to any information in respect of the investigation and to the re-publication of matters previously published. The Court will decide whether such restrictions are required, and their content and duration, according to what is necessary in the interests of justice. .

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

I56S. 82 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)