Rule 6.5 Varying or removing restrictionsI1

England and Wales

(1)

This rule applies where the court can vary or remove a reporting or access restriction.

(2)

Unless other legislation otherwise provides, the court may do so—

(a)

on application by a party or person directly affected; or

(b)

on its own initiative.

(3)

A party or person who wants the court to do so must—

(a)

apply as soon as reasonably practicable;

(b)

notify—

(i)

each other party,

(ii)

reporters, by means of such arrangements as the Lord Chancellor directs, and

(iii)

such other person (if any) as the court directs;

(c)

specify the restriction; and

(d)

explain, as appropriate, why it should be varied or removed.

(4)

A person who wants to appeal to the Crown Court under section 141F of the Education Act 2002^f1 must—

(a)

serve an appeal notice on—

(i)

the Crown Court officer, and

(ii)

each other party;

(b)

serve on the Crown Court officer, with the appeal notice, a copy of the application to the magistrates’ court;

(c)

serve the appeal notice not more than 15 business days after the magistrates’ court’s decision against which the appellant wants to appeal; and

(d)

in the appeal notice, explain, as appropriate, why the restriction should be maintained, varied or removed.

(5)

Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.

[Note. Under section 141F(7) of the Education Act 2002, a party to an application to a magistrates’ court to remove the statutory restriction on reporting an alleged offence by a teacher may appeal to the Crown Court against the decision of the magistrates’ court. With the Crown Court’s permission, any other person may appeal against such a decision.]

Annotations

Commencement

I1: Rule 6.5 in force at 6.10.2025, see Preamble

Footnotes

f1: 2002 c. 32; section 141F was inserted by section 13 of the Education Act 2011 (c. 21) and amended by paragraph 19 of Schedule 11 to the Criminal Justice and Courts Act 2015 (c. 2).