Rule 6.1 When this Part appliesI1

England and Wales

(1)

This Part applies where the court can—

(a)

impose a restriction on—

(i)

reporting what takes place at a public hearing, or

(ii)

public access to what otherwise would be a public hearing;

(b)

vary or remove a reporting or access restriction that is imposed by legislation;

(c)

withhold information from the public during a public hearing;

(d)

order a trial in private; or

(e)

allow there to take place during a hearing—

(i)

sound recording, or

(ii)

communication by electronic means.

(2)

This Part does not apply to arrangements required by legislation, or directed by the court, in connection with—

(a)

sound recording during a hearing, or the transcription of such a recording; or

(b)

measures to assist a witness or defendant to give evidence.

[Note. The court can impose reporting restrictions under—

(a)

section 4(2) of the Contempt of Court Act 1981^f1 (postponed report of public hearing);

(b)

section 11 of the Contempt of Court Act 1981 (matter withheld from the public during a public hearing);

(c)

section 58 of the Criminal Procedure and Investigations Act 1996^f2 (postponed report of derogatory assertion in mitigation);

(d)

section 45 of the Youth Justice and Criminal Evidence Act 1999^f3 (identity of a person under 18);

(e)

section 45A of the Youth Justice and Criminal Evidence Act 1999^f4 (identity of a witness or victim under 18);

(f)

section 46 of the Youth Justice and Criminal Evidence Act 1999^f5 (identity of a vulnerable adult witness);

(g)

section 82 of the Criminal Justice Act 2003^f6 (order for retrial after acquittal); F1...

(h)

section 75 of the Serious Organised Crime and Police Act 2005^f7 (identity of a defendant who assisted the police) F2; or

F3(i)

section 200 of the Crime and Policing Act 2026(identity of an authorised firearms officer charged with a qualifying offence).

There are reporting restrictions imposed by legislation that the court can vary or remove, under—

(a)

section 49 of the Children and Young Persons Act 1933^f8 (youth court proceedings);

(b)

section 8C of the Magistrates’ Courts Act 1980^f9 (pre-trial ruling in magistrates’ courts);

(c)

section 11 of the Criminal Justice Act 1987^f10 (preparatory hearing in the Crown Court);

(d)

section 1 of the Sexual Offences (Amendment) Act 1992^f11 (identity of complainant of sexual offence);

(e)

section 37 of the Criminal Procedure and Investigations Act 1996^f12 (preparatory hearing in the Crown Court);

(f)

section 41 of the Criminal Procedure and Investigations Act 1996^f13 (pre-trial ruling in the Crown Court);

(g)

section 52A of, and paragraph 3 of Schedule 3 to, the Crime and Disorder Act 1998^f14 (allocation and sending for trial proceedings);

(h)

section 47 of the Youth Justice and Criminal Evidence Act 1999^f15 (special measures direction);

(i)

section 141F of the Education Act 2002^f16 (restrictions on reporting alleged offences by teachers);

(j)

section 71 of the Criminal Justice Act 2003^f17 (prosecution appeal against Crown Court ruling); and

(k)

section 4A of, and paragraph 1 of Schedule 1 to, the Female Genital Mutilation Act 2003^f18 (identity of person against whom a female genital mutilation offence is alleged to have been committed).

There are reporting restrictions imposed by legislation that the court has no power to vary or remove, under—

(a)

section 1 of the Judicial Proceedings (Regulation of Reports) Act 1926^f19 (indecent or medical matter);

(b)

section 2 of the Contempt of Court Act 1981^f20 (risk of impeding or prejudicing active proceedings).

Access to a youth court is restricted under section 47 of the Children and Young Persons Act 1933^f21. See also rule 24.2 (Trial and sentence in a magistrates’ court – general rules).

Under section 36 of the Children and Young Persons Act 1933^f22, no-one under 14 may be present in court when someone else is on trial, or during proceedings preliminary to a trial, unless that person is required as a witness, or for the purposes of justice, or the court permits.

The court can restrict access to the courtroom under—

F4(a)

section 38 of the National Security Act 2023, during proceedings for an offence under Part 1 of that Act including some parts of sentencing proceedings;

(b)

section 37 of the Children and Young Persons Act 1933^f23, where the court receives evidence from a person under 18;

(c)

section 75 of the Serious Organised Crime and Police Act 2005^f24, where the court reviews a sentence passed on a defendant who assisted an investigation.

The court has an inherent power, in exceptional circumstances—

(a)

to allow information, for example a name or address, to be withheld from the public at a public hearing;

(b)

to restrict public access to what otherwise would be a public hearing, for example to control disorder;

(c)

to hear a trial in private, for example for reasons of national security.

F5Under section 200 of the Crime and Policing Act 2026 the court—

(a)

must cause the name, address and date of birth of an authorised firearms officer charged with a qualifying offence to be withheld from the public unless that would be contrary to the interests of justice; and

(b)

may make an anonymity order in respect of such an officer if is necessary in the interests of justice to do so.

Under section 9(1) of the Contempt of Court Act 1981^f25, it is a contempt of court without the court’s permission to—

(a)

use in court, or bring into court for use, a device for recording sound;

(b)

publish a recording of legal proceedings made by means of such a device; or

(c)

use any such recording in contravention of any condition on which permission was granted.

Under section 41 of the Criminal Justice Act 1925^f26, it is an offence to take or attempt to take a photograph, or with a view to publication to make or attempt to make a portrait or sketch, of any judge, juror, witness or party, in the courtroom, or in the building or in the precincts of the building in which the court is held, or while that person is entering or leaving the courtroom, building or precincts; or to publish such a photograph, portrait or sketch.

Section 32 of the Crime and Courts Act 2013^f27 (Enabling the making, and use, of films and other recordings of proceedings) allows for exceptions to be made to the prohibitions imposed by section 9 of the 1981 Act and section 41 of the 1925 Act.

By reason of sections 15 and 45 of the Senior Courts Act 1981^f28, the Court of Appeal and the Crown Court each has an inherent powerto deal with a person for contempt of court for disrupting the proceedings. Under section 12 of the Contempt of Court Act 1981^f29, a magistrates’ court has a similar power.

See also—

(a)

rule 5.5, under which the court officer must make arrangements for recording proceedings in the Crown Court;

(b)

Part 18, which applies to live links and other measures to assist a witness or defendant to give evidence;

(c)

rule 45.10, which applies to costs orders against a non-party for serious misconduct; and

(d)

Part 48, which contains rules about contempt of court.]

Annotations

Textual amendments

F1: Word in rule 6.1 Note omitted (5.10.2026) by virtue of The Criminal Procedure (Amendment) (No. 2) Rules 2026 (S.I. 2026/721), rules 2, 7(a)(i)
F2: Word in rule 6.1 Note inserted (5.10.2026) by The Criminal Procedure (Amendment) (No. 2) Rules 2026 (S.I. 2026/721), rules 2, 7(a)(ii)
F3: Words in rule 6.1 Note inserted (5.10.2026) by The Criminal Procedure (Amendment) (No. 2) Rules 2026 (S.I. 2026/721), rules 2, 7(a)(iii)
F4: Words in rule 6.1 Note substituted (23.2.2026) by The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rule 2, Sch. para. 4
F5: Words in rule 6.1 Note inserted (5.10.2026) by The Criminal Procedure (Amendment) (No. 2) Rules 2026 (S.I. 2026/721), rules 2, 7(b)

Commencement

I1: Rule 6.1 in force at 6.10.2025, see Preamble

Footnotes

f1: 1981 c. 49.
f2: 1996 c. 25.
f3: 1999 c. 23.
f4: 1999 c. 23; section 45A was inserted by section 78 of the Criminal Justice and Courts Act 2015 (c. 2).
f5: 1999 c. 23.
f6: 2003 c. 44.
f7: 2005 c. 15.
f8: 1933 c. 12; section 49 was substituted by section 49 of the Criminal Justice and Public Order Act 1994 (c. 33) and amended by section 45 of the Crime (Sentences) Act 1997 (c. 43), section 119 of, and paragraph 1 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37), section 48 of, and paragraphs 1 and 3 of Schedule 2 to, the Youth Justice and Criminal Evidence Act 1999 (c. 23), section 165 of, and paragraph 2 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), paragraph 2 of Schedule 32 to, the Criminal Justice Act 2003 (c. 44), sections 208 and 210 of, and paragraphs 15 and 19 of Schedule 21, and Schedule 23 to, the Legal Services Act 2007 (c. 29) and sections 6 and 149 of, and paragraphs 1, 3 and 100 of Schedule 4 and Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4). It is further amended by section 74 of, and paragraph 5 of Schedule 7 to, the Criminal Justice and Court Services Act 2000 (c. 43) with effect from a date to be appointed.
f9: 1980 c. 43; section 8C was inserted by section 45 of, and Schedule 3 to, the Courts Act 2003 (c. 39) and amended by paragraphs 12 and 15 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).
f10: 1987 c. 38; section 11 was amended by paragraphs 1 and 6 of Schedule 3 to the Criminal Procedure and Investigations Act 1996 (c. 25), section 24 of, and paragraphs 38 and 40 of Schedule 4 to, the Access to Justice Act 1999 (c. 22), section 311 of, and paragraph 58 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44) and section 40(4) of, and paragraph 46 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4).
f11: 1992 c. 34; section 1 was amended by section 48 of, and paragraphs 6 and 7 of Schedule 2 to, the Youth Justice and Criminal Evidence Act 1999 (c. 23).
f12: 1996 c. 25; section 37 was amended by section 24 of, and paragraph 49 of Schedule 4 to, the Access to Justice Act 1999 (c. 22), section 311 of the Criminal Justice Act 2003 (c. 44) and section 40(4) of, and paragraph 61 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4).
f13: 1996 c. 25; section 41 was amended by section 311 of the Criminal Justice Act 2003 (c. 44).
f14: 1998 c. 37; section 52A was inserted by paragraphs 15 and 19 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) and amended by paragraphs 46 and 47 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). Paragraph 3 of Schedule 3 was amended by section 24 of, and paragraphs 53 and 55 of Schedule 4 to, the Access to Justice Act 1999 (c. 22), paragraphs 68 and 71 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) and paragraphs 46 and 50 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).
f15: 1999 c. 23; section 47 was amended by section 52 of, and paragraph 37 of Schedule 14 to, the Police and Justice Act 2006 (c. 48).
f16: 2002 c. 32; section 141F was inserted by section 13 of the Education Act 2011 (c. 21).
f17: 2003 c. 44; section 71 was amended by section 40(4) of, and paragraph 82 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4) and paragraph 65 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).
f18: 2003 c. 31; section 4A and Schedule 1 were inserted by section 71 of the Serious Crime Act 2015 (c. 9).
f19: 1926 c. 61; section 1 was amended by sections 38 and 46 of the Criminal Justice Act 1982 (c. 48), paragraph 2 of Schedule 8 to the Family Law Act 1996 (c. 27) and paragraph 8 of Schedule 27 to the Civil Partnership Act 2004 (c. 33). It is further amended by paragraph 7 of Schedule 26 to the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.
f20: 1981 c. 49; section 2 was amended by paragraph 31 of Schedule 20 to the Broadcasting Act 1990 (c. 42).
f21: 1933 c. 12; section 47 was amended by Parts II and III of Schedule 7 to the Justices of the Peace Act 1949 (c. 101), paragraph 40 of Schedule 11 to the Criminal Justice Act 1991 (c. 53), sections 47(7) and 120(2) of, and Schedule 10 to, the Crime and Disorder Act 1998 (c. 37) and paragraphs 15 and 18 of Schedule 21 to the Legal Services Act 2007 (c. 29). It is further amended by paragraph 2 of Schedule 4 to the Youth Justice and Criminal Evidence Act 1999 (c. 23), with effect from a date to be appointed.
f22: 1933 c. 12; section 36 was amended by section 73 of, and Part III of Schedule 15 to, the Access to Justice Act 1999 (c. 22).
f23: 1933 c. 12; section 37 was amended by paragraphs 15 and 16 of Schedule 21 to the Legal Services Act 2007 (c. 29) and is further amended by paragraph 2 of Schedule 4 to the Youth Justice and Criminal Evidence Act 1999 (c. 23), with effect from a date to be appointed.
f24: 2005 c. 15.
f25: 1981 c. 49.
f26: 1925 c. 86; section 41 was amended by section 56(4) of, and Part IV of Schedule 11 to, the Courts At 1971 (c. 23), sections 38 and 46 of the Criminal Justice Act 1982 (c. 48) and section 47 of the Constitutional Reform Act 2005 (c. 4).
f27: 2013 c. 22.
f28: 1981 c. 54.
f29: 1981 c. 49; section 12 was amended by section 78 of, and Schedule 16 to, the Criminal Justice Act 1982 (c. 48), section 17(3) of, and Part I of Schedule 4 to, the Criminal Justice Act 1991 (c. 53); section 65(3) and (4) of, and paragraph 6(4) of Schedule 3 to, the Criminal Justice Act 1993 (c. 36) and section 165 of, and paragraph 83 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).