Practice and Procedure

R (on the application of PRESS ASSOCIATION) v CAMBRIDGE CROWN COURT (2012)

PUBLISHED November 21, 2012

[2012] EWCA Crim 2434

The court lacked jurisdiction under either the Contempt of Court Act 1981 s.4(2) or the Sexual Offences (Amendment) Act 1992 s.1(2) to make an order prohibiting the publication of the name of a defendant convicted of sexual offences. The purpose of orders under s.4(2) of the 1981 Act was to avoid a substantial risk of prejudice in court proceedings and was aimed at postponement of publication rather than a permanent ban; and the 1992 Act did not confer any express power on the court to make an order restricting publication of a defendant's name in order to protect or enforce a complainant's right to anonymity.

CA (Crim Div) (Lord Judge LCJ, Gross LJ, Mitting J)