New rules have come into force requiring those who apply for discretionary reporting restrictions in criminal cases to notify the media of their application.

The new requirements – included in the latest version of the Criminal Procedure Rules – are the result of the joint efforts of the HMCTS Media Working Group and Criminal Procedure Rule Committee. In a blog published earlier this year, HMCTS explained that there has long been concern that, without an explicit requirement to notify the media of an application for reporting restrictions, journalists cannot make informed reporting decisions and an unmeritorious order may be left in place for a long period until a journalist learns of and challenges it. By way of example, it pointed to the experience of one journalist facing contempt proceedings after unknowingly breaching a reporting restriction because their newspaper had not been informed of it.

That position has now changed, as the new rule expressly requires those applying for discretionary reporting restrictions to notify the media. In terms of how this will work in practice, the HMCTS blog also pointed to work that was under way at the time to prepare for the change, including advising court staff of the new guidance and making media lists available within all criminal courts so that applicants know whom to notify.

Commenting on the changes, Sayra Tekin, Director of Legal at the News Media Association, said “a clear and unequivocal requirement for parties to notify the media of reporting restriction applications will result in much greater clarity for both media and the courts, strengthening open justice. We look forward to continuing engagement with the courts and judiciary to further strengthen the media’s vital role reporting on the courts on behalf of the public”.

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