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Court Reporting Pack

Tools and guides for journalists covering courts in England and Wales — from contempt risk assessment to reporting restrictions in youth and family proceedings.

Last reviewed: Next review due:

Who this pack is for

This pack is for journalists who cover courts — whether regularly as a court reporter, occasionally as a general reporter covering a local case, or as a freelancer who needs to check their legal position before filing. Court reporting in England and Wales is governed by a complex web of statutory restrictions, common law contempt, and case-specific orders. Getting any of it wrong can result in criminal prosecution.

The pack covers the three most legally hazardous areas of court reporting: strict-liability contempt under the Contempt of Court Act 1981 (using the Contempt Checker), the full range of automatic and court-ordered reporting restrictions (using the Reporting Restrictions Checklist), and the specific rules applying to youth courts and family court proceedings (using the accompanying guides). All tools and guides are free.

What’s included

Two interactive tools and four in-depth guides — click any card to open it.

How to use this pack

  1. 1

    Before attending: read the Court Reporting Guide

    If you are new to court reporting or covering a court type you have not reported before, read the Court Reporting Guide first. It explains the open justice principle, the different court types, how to get access, and the general framework of what can and cannot be reported.

  2. 2

    Before each case: run the Reporting Restrictions Checklist

    Before attending any hearing, work through the Reporting Restrictions Checklist. It covers automatic statutory restrictions (youth defendants, sexual offence complainants, vulnerable witnesses) and court-ordered restrictions (s.4 postponement orders, s.11 anonymity orders). Print or save your completed checklist as a record.

  3. 3

    Before filing: run the Contempt Checker

    Before publishing any court report, use the Contempt Checker to assess whether proceedings are active and whether any element of your proposed report could create a substantial risk of seriously prejudicing the proceedings. This is your key tool for avoiding strict-liability contempt under the 1981 Act.

  4. 4

    For youth court cases: read the Youth Court guide

    If the case involves a defendant or witness under 18, read the Youth Court Reporting guide before covering or filing. The automatic restrictions are broad and the penalties for breaching them are serious. Note that a young person who turns 18 during proceedings is not automatically stripped of their protection.

  5. 5

    For family court cases: read the Family Court guide

    If you are attending or reporting on family proceedings, read the Family Court Reporting guide. Understand which information you can publish and which requires a variation order. Keep notes of any orders announced in court. If in doubt, do not publish until you have taken legal advice.

Red flags — stop before you publish

  • Proceedings are still active (arrest made but no verdict) and your report contains highly prejudicial prior convictions or admissions not yet before the jury.
  • You cannot find a record of the reporting restriction order announced in court, or you are not certain of its precise scope — do not guess; seek the written order.
  • The defendant, victim, or witness is under 18 and you have not confirmed whether s.49 CYPA 1933 restrictions have been lifted by the court.
  • The case involves a sexual offence allegation — automatic lifetime anonymity for complainants under the Sexual Offences (Amendment) Act 1992 applies even without a court order.
  • A s.4(2) postponement order is in place covering the proceedings you are reporting on — the order may not have been publicised; ask the court clerk.
  • You are quoting from documents that were read into evidence but were the subject of a s.11 anonymity order — the protection extends to published reports.
  • The story involves linked proceedings in different courts — a restriction in one case may cover the same defendant in the other.

Primary sources

Common mistakes

  • Reporting the charge as a conviction. A charge is an allegation — publishing “[name] committed fraud” instead of “[name] is charged with fraud” is defamatory and contemptuous if proceedings are active.
  • Assuming proceedings are not active because no trial date is set. Proceedings become active on arrest — there can be months between arrest and trial during which strict liability applies.
  • Publishing social media material about a defendant during an active trial. Prior convictions, damaging statements, or mugshots posted online can create contempt even if they are technically public.
  • Identifying a witness by jigsaw. Even if a court order anonymises a witness, combining their role, employer, location, and age in your report can identify them indirectly — known as “jigsaw identification.”
  • Entering the court late and missing the restriction announcement. Judges typically announce reporting restrictions at the start of the hearing. Arriving late means you may miss an order that applies to everything you subsequently report.
  • Not challenging an overly broad restriction. Journalists have standing to apply to vary or discharge reporting restriction orders. Accepting a blanket order without challenge is a missed opportunity and may be against the public interest.

Frequently asked questions

What is the "active" period for contempt of court purposes?
Under the Contempt of Court Act 1981, proceedings become "active" when an arrest warrant is issued, a person is arrested, an oral charge is made, or a summons is served — whichever happens first. Proceedings cease to be active when a case is concluded (acquittal, conviction, or discontinuance). Publishing prejudicial material during the active period creates strict liability contempt, regardless of intent.
What can I report from a youth court?
Youth courts sit in private and their proceedings carry automatic reporting restrictions under section 49 of the Children and Young Persons Act 1933. You cannot name, photograph, or otherwise identify any defendant or witness aged under 18. You can report that proceedings took place, the general nature of the offence, and the outcome. A court can lift restrictions in limited circumstances — for example, when it is in the public interest to identify a convicted young offender.
Are family court hearings open to journalists?
Since 2009, accredited journalists have a right to attend family court hearings in England and Wales under Family Procedure Rules 2010, r.27.11. However, automatic reporting restrictions apply: you cannot publish anything that identifies a child involved in proceedings, and most details of the evidence are also restricted. You must apply to the court to vary or lift restrictions before publishing identifying material. Check the Reporting Restrictions Checklist in this pack before attending.
Can I name a defendant before they are convicted?
Generally yes, once a defendant has been charged and appears in court. The presumption of open justice means you can name them, report the charge, and report proceedings. However, check for any specific reporting restriction orders (s.4, s.11 of the Contempt of Court Act 1981), anonymity orders, or sexual offence complainant protections before naming anyone. The Contempt Checker in this pack prompts you through each of these questions.
What is a section 11 order and how does it affect reporting?
A section 11 order under the Contempt of Court Act 1981 allows a court to prohibit publication of a name or matter that has been withheld from open court. For example, if a judge allows a witness to give evidence anonymously, a s.11 order prevents any publication of their identity. Breaching a s.11 order is a criminal contempt. Check the courtroom for any such orders at the start of every hearing — they are usually announced by the judge or clerk.
Can I report on sentencing remarks made by a judge?
Yes — sentencing remarks are public documents once delivered in open court, and reporting them accurately is protected by the open justice principle. Since 2022 the Sentencing Council has published many judges' sentencing remarks on its website. You may quote from them directly. Take care to attribute remarks accurately to the judge, and do not paraphrase in a way that distorts meaning. Report the full sentencing decision alongside the remarks, not an isolated excerpt that could mislead.
What is a section 4(2) postponement order?
A section 4(2) order under the Contempt of Court Act 1981 postpones publication of information about proceedings until a specified date — typically to prevent prejudice to a related trial yet to take place. The court must balance open justice against the risk of prejudice. As a journalist, you should note any s.4(2) order announced, record its precise terms, and apply to have it varied or set aside if it is broader than necessary. Breaching a s.4(2) order is a strict-liability contempt.

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