Can a Case Be Heard Without a Newspaper Reporter Present?
Q.
Could you please advise me if I have the right to have my court case (at magistrates' court) heard in private without a newspaper reporter?
(L.R, 26 April 2009)
A.
It has long been a central principle of law in the UK that justice should not only be done, but that justice should be “seen to be done”. This concept is also sometime known as open justice. One of the ways that this is achieved is by holding court hearings in public.
According to Article 6 of the European Convention on Human Rights everyone charged with a criminal offence has the right to a “fair and public hearing”. Therefore trials should be held in such a way that the public has access to them. The starting point for most types of criminal and civil hearings is that they should be open to the public. However, the right contained in Article 6 is not absolute and there are a number of situations where other considerations take precedence to a public hearing.
There are many types of hearings where the public or reporters are routinely prevented from attending – these include cases which deal with issues of national security or which involve children. The public could be excluded from a whole trial or just from part of it, depending on the particular circumstances. Theoretically, the public or press could be excluded if their presence could be damaging for the private lives of anyone involved in the hearing or if it would have a detrimental effect on public order or morals.
Most magistrates’ court cases are held in public. Even in the youth courts, where most members of the public are excluded from hearings, a news reporter will usually be able to attend. Indeed cases and judgments may usually still be reported even if the public were not allowed to attend the hearing, although sometimes the names of participants are withheld. However, the magistrates do have the power to order either that the hearing should take place in private or that reporting restrictions relate to that hearing.
Generally speaking, in practice, news reporters would only be present at a hearing if it was in some way newsworthy – the vast majority of magistrates’ court hearings take place in the absence of any journalists. I assume, therefore, that you have a reason to believe that your case is of interest to the media.
To depart from the fundamental principles of public hearings and open justice, the magistrates would have to be persuaded that the hearing had to be held in private for the proper administration of justice. As mentioned above, this could apply in cases involving children. It is difficult to give a definite answer to your question without knowing the details of your particular circumstances. However, whilst in principle it may be possible for the public to be excluded from your hearing, there is probably no right to have your hearing held in private.
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I made a massive mistake when in a very senior position. I was intrusted by my employers with many important roles/responsibilities one of these being a card holder for the company's budget. I had the autonomy to make relative financial decisions providing those decisions were appropriate for my service. When taking this role on I had, I know I was struggling with a gambling addiction. I used gambling as an escapism and coping mechanism throughout lock down I also left my kids and wife in lock down, my mum was diagnosed with cancer and my best friend died. I struggled mentally not seeing my children. That being said, I withdrew money from my companies account several times to use for gambling. Sometimes up 150 pound at a time. I lied when challenged about this making excuses. Long story short I was rightly charged with this and admitted straight away what I done. It makes me sick to the stomach how my actions may have affected and hurt ppl who trusted me. This was over 1 and half yrs ago. I am now being asked to attend court, and I will, I need to own what I done. My crime have cost me my career, friends and some family members. I cant even begin to think what impact it had on my employer and the service we provided. I am mentally better now, I am in a mediocre job, I have a partner and a new baby. I am just scared my case will go in the local papers, I don't want to be back to a mental health place as I was previously. However, if it does then I will own it, accept responsibility and try my best to have a positive mindset. I just wish I didn't do those things as it was out of character. I hope one day my previous employer can forgive me. I'm in Scotland.
Colinking - 8-Sep-23 @ 12:52 AM
I made a massive mistake when in a very senior position. I was intrusted by my employers with many important roles/responsibilities one of these being a card holder for the company's budget. I had the autonomy to make relative financial decisions providing those decisions were appropriate for my service. When taking this role on I had, I know I was struggling with a gambling addiction. I used gambling as an escapism and coping mechanism throughout lock down I also left my kids and wife in lock down, my mum was diagnosed with cancer and my best friend died. I struggled mentally not seeing my children. That being said, I withdrew money from my companies account several times to use for gambling. Sometimes up 150 pound at a time. I lied when challenged about this making excuses. Long story short I was rightly charged with this and admitted straight away what I done. It makes me sick to the stomach how my actions may have affected and hurt ppl who trusted me. This was over 1 and half yrs ago. I am now being asked to attend court, and I will, I need to own what I done. My crime have cost me my career, friends and some family members. I cant even begin to think what impact it had on my employer and the service we provided. I am mentally better now, I am in a mediocre job, I have a partner and a new baby. I am just scared my case will go in the local papers, I don't want to be back to a mental health place as I was previously. However, if it does then I will own it, accept responsibility and try my best to have a positive mindset. I just wish I didn't do those things as it was out of character. I hope one day my previous employer can forgive me. I'm in Scotland.
Colinking - 8-Sep-23 @ 12:26 AM
I am going to court over retail fraud.
Can I have my trial done without the press or a court reporter. No past history before this.
Mary - 3-Aug-23 @ 9:39 PM
Can I object for a reporter in court? I'm going to be sentenced for dui and my work and children don't know. Its a sensitive case that involves my personal history. How can I avoid this? I cant bear the humiliation wuth all the stress factors im going through would be to much
Jamie - 15-Dec-22 @ 5:37 PM
I was arrested last year and believe I was spiked. The club has since shut down for this reason.During my arrest my clothes were stripped from me. I was given two reasons to why this happened. I am being accused off assault I have no memory of the night only when I woke up in the cell I've now been charged. I'm suicidal and worried about the loss of my job if it goes in the paperI will kill myself. I cant cope with the humiliation. I've struggled with my mental health for years and assaulting the police is not even an option. However there must me some truth in it for me to be in this situation.im sobbing as i write this so not sure if I'm making sence.
Panda - 26-Mar-22 @ 11:46 AM
Can I object for a reporter in court? I'm going to be sentenced for dui and my work and children don't know. Its a sensitive case that involves my personal history. How can I avoid this please?
Didi - 18-May-21 @ 11:38 AM
My husband was arrested this year for accidentally downloading indecent images, apparently uploading an indecent image and for emailing a 14 year old girl who cannot be traced at all. Police charged him with " making" the downloaded pictures on dates that don’t even correspond with where we were living during the time. He is due to attend court with myself by his side in 2 days. We have 2 very young children 3 and 4 years old, and I was wondering how i would be able to keep names/addresses and possibly photographs out of the newspaper for the protection of my children? My husbands solicitor is supposed to have been looking into it but she hasn't got back to us and surely she would have known weather it was possible. Please help.
sarah - 10-Jan-21 @ 10:21 PM
I was involved in a confrontation in Glasgow's city centre after the BLM started trying to get to a war memorial and ended up fighting with one of their mob. Iv been charged with a breach of the peace.
Willy - 19-Jun-20 @ 12:59 AM
Council accused me of fraud, we going to crown court. But I will like to know if it's legal to leave a person not charged for more than a year with out any way to earn money for food, accommodation and medication. Now the courts a closed, Im not allowed benefits, can not go out to bank to collect my allowance for the week as I am classified by NHS as vulnerable due to COVIT19. I do not have any means anymore to get food, pay for shelter and medication. I am also an RGN that could be working on this crisis. Have my human rights been violated?
Salome - 7-Apr-20 @ 1:40 AM
My family member is in one of the welsh papers and his name has been published online even though he did not commit a crime, it was for gross misconduct, he just got sacked from his job as a police officer. It is all over social media and twitter and the chief constable re tweeted it on her personal twitter. Because he has been named I as one of his family members have been caused even further great distress with people messaging constantly day and night, and our parents have had to be signed off on the sick due to this which has also caused financial loss, we contacted the paper to ask them remove the name but they said they can’t themselves and that we would have to contact the police force who sacked him to get it removed , and the paper said that the police didn’t have to publish his name they could of just released the article without naming him , but they already did so we contacted the police and the person in charge of the police news and media and they said as his names already been published it has to stay online for 28 days. What rights do we have with this? My family member admitted all allegations against him however originally asked for his hearing to be private which his barrister agreed too, but the chief constable over rode that and made it public . My family member is also a victim of domestic abuse and the domestic abusers father has also verbally abused my family member recently yet was still allowed to be present in the hearing causing my family member further intimidation and embarrasment. What rights do we have please?
We are in the UK
Freddie Fox - 7-Mar-20 @ 10:51 AM
I'm attending court on 6th for possession of class b drug cannabis and I'm worried that my name will enter the local newspaper, therefore losing my job and putting me personally at risk. How can I stop this from happening?
Mike - 3-Mar-20 @ 3:53 PM
I was waiting to be charged for an offence committed last Christmas, however several local papers reported the date and charges before I had even heard from the Police or my solicitor. A day or so later I received the charges via the post and with an amended date for later in the year. People I know were telling me things that were online to the public before I'd even been told anything myself, it's caused untold damage to my relationships with family and distress. How did the newspapers get their information and are the police allowed to give out information before I've been told myself? I can understand if I'd attended court or had been charged, but to hear important information 3rd hand through the public domain I feel there is a lack of professionalism on the part of the Police. I have been refused a few job interviews without explanation and since this has been made public before I've been informed I feel I've been discriminated without being given any opportunity to give an explanation.
Cadbury1977 - 22-Oct-19 @ 8:25 PM
My elderly father has been charged with viewing images which he was tricked into opening by someone he met in a chat room. He thought he was talking to a lady of similar age and interests and after building up a relationship this person sent my dad a picture of her cottage where she lived or so he thought. I have a young family and run my own business and know a lot of people in my Industry as does my wife. Can I stop this from getting out to the public as this would destroy my young families life....
Lee.
Lee - 11-Sep-19 @ 3:17 PM
I have been charged with drink driving. I told my work immediately and I was demoted. My court case is soon and I risk being fired if the case makes the papers. I was very over the limit. First time offence.
Mandy - 6-Sep-19 @ 11:10 PM
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Don - 23-Aug-19 @ 12:54 AM
We are Indians, and effected by cyber attacks.
Prasad - 23-Jun-19 @ 5:47 AM
I'm being taken to court because I drove my partners car with out insurance and all though I have a pervisional license and my partner is a full license holder and was in the car with me we had a car crash so I'm being taken to court for no insurance and with driving with in accordance of a driving license i wanted to know if it will be in my local paper when I have to attend court
Sue - 7-Jun-19 @ 2:38 PM
I'm in magistrates court for sentencing for benifit froud of £19.000 iv pleaded guilty will ti's be put in the news paper.
Tommy - 6-Jun-19 @ 7:26 AM
Hello,
I pled guilty to charges last year. Through the multiple court appearances from magistrates to crown court the media was never present.
However despite promises from the investigating officer to my wife (because of my extreme vulnerability - mental health, psychosis, etc) and because of her vulnerability (working with dangerous people) that the police would not publicise my case, they went ahead and published their own "news" piece on their own website. It was misleading by omitting key facts, and included an accusation that was never proven, nor was any evidence of it ever happening found from me - it was something that was alleged but not proven, yet they presented it as fact.
The local media copy and pasted their article on their websites. I have been able to convince the police to remove the story due to many concerns.
Do I have grounds to ask the newspapers to do the same? Can they "report" on things that no reporter actually witnessed in a courtroom, that they never heard or saw?
There are many issues here but I do not want to say too much on a pubic internet page for obvious reasons.
Vivianne - 24-Apr-19 @ 10:18 AM
Long story short I did something wrong while off my face on drink an drugs I stupidly downloaded stuff I shouldn’t, I’m guilty don’t get me wrong an will take the punishment they see fit but my question is how can I keep this out of papers as the circle I move in the people I work with an see on a day to day basis will no doubt end my life they ain’t nice people an I mostly worried about my family the shame it bring on them, death is probably the easy way for me but my family don’t deserve this so how could I if it was possible.
MrMistake - 16-Mar-19 @ 3:28 AM
I am at court on 4th Feb for an common assault charge I have a 2 hour trial and I have pleaded not guilty. I am worried about this being in my local newspaper and I don't want this to happen because of my job.also this is my first offence what should I do on the day and do you think that the local newspaper will report this?
louise123 - 20-Jan-19 @ 12:04 AM
I have just lost my husband devastating we have two little girls and I was 7 months pregnant with our baby, he went on a night out and stupidly took drugs which was the cause of death which he has never done before, the papers are publishing the story, iv contacting them begging them not to to try and protect our children, I said they don’t even know iv told them I could loose my job, I’m working all hours with my two girls and new born babybto try and support us and they just done care, is there anything I can do? Iv run two solicitors but there all closed, I’m keeping my girls off school tomorrow I need some thing to protect them surely they should be aloud to publish our lives like this, they have wrote all sorts that I was pregnant that we have children they have posted that he had his own business and what he did, how are they aloud to talk about is with out our consent, they are going to destroy what we have left over night,
HH - 18-Jan-19 @ 12:16 AM
I have been a victim in a incident at my home adress that he came into I have gone through court and it has gone in the news paper they have included my full name. I am very stressed and I have wrote to the news paper it's a domestic. So I don't see how it's right they have included me in the article it has made me stressed and furious to be honest I have a 11 month old son too. Is that right?
Paz - 16-Jan-19 @ 4:16 PM
Have to attend magistrates Court for benefit fraud, working over permitted hours £16000.
If I get my mail sent to an accommodation address so I don't appear in the local paper, etc.
Is this legal
Na - 13-Nov-18 @ 5:00 PM
I am looking for answers and thought I may find them here how wrong I was! Most useless site ever I could do this job of referring everyone utter garbage!!
Anne Maynard - 11-Sep-18 @ 12:56 PM
Jenna- Your Question:
I have been the victim of a serious crime, which is going to crown court within the next couple of months. I already been granted anonymity and reporting restrictions due to the nature of the charges against the suspects. Due to what is involved the case is going to be held in a 'Closed Court' which I have been advised is not open to the public. My question is does this mean that the case ref number for the trial will not be open for the public to see and nor will the outcome ? Thanks
Our Response:
Talk to a representative from the court to find out what restrictions are in place. Usually it will mean names and details of the case will not be released.
AboutHumanRights - 10-Aug-18 @ 12:25 PM
I have been the victim of a serious crime, which is going to crown court within the next couple of months. I already been granted anonymity and reporting restrictions due to the nature of the charges against the suspects. Due to what is involved the case is going to be held in a 'Closed Court' which i have been advised is not open to the public. My question is does this mean that the case ref number for the trial will not be open for the public to see and nor will the outcome ? Thanks
Jenna - 9-Aug-18 @ 2:52 AM
Djg - Your Question:
I have been to court on the 24th and pleaded guilty to being drink incharge of s child I'm truly ashamed of my actions but the papers have published it and made it look so much worse than it was and I've been branded a monster when I never did what was published and now it's getting shared all over FB and I'm now worries about my safety and my partner's
Our Response:
Talk to the police and a solicitor about this, Citizens' Advice will be able to refer you to cheap legal advice if needed.
AboutHumanRights - 1-Aug-18 @ 2:58 PM
I have been to court on the 24th and pleaded guilty to being drink incharge of s child I'm truly ashamed of my actions but the papers have published it and made it look so much worse than it was and I've been branded a monster when I never did what was published and now it's getting shared all over FB and I'm now worries about my safety and my partner's
Djg - 31-Jul-18 @ 11:25 AM
Peters18 - Your Question:
So I have an interview on Monday for downloading indecent images, I will plead guilty as I know what I have done and I am fully ashamed of it. What I really need to know is, what are my rights for anonymity? I have grew up disillusioned about my life about who I am, early in my life I was subjected to extreme child neglect and was therefore dragged into care, hell of a bumpy ride let me tell you, emotional rollacoaster for someone so young, I took it really badly. I never got help for my clear mental issues growing up. I'm a good person who has made a mistake but, I'm also a vulnerable person who will not be able to handle being branded a monster, (I've never hurt a soul in my life). How do I live through this now? Everyone will reject me. I'll have nobody. Help me, I'm near the end. This is not my fault, and I will take that to my grave.
Our Response:
Please talk to a solicitor or a seek some free/low cost advice via Citizens' Advice. At the time of your interview at the police station you can ask for a solicitor to attend to help you and the police cannot refuse -they must either arrangefor the duty solicitor to attend ormake contact with a solicitor of your choice. You do not have to pay for this.
AboutHumanRights - 29-Jun-18 @ 3:46 PM
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