Section 47 Restrictions on reporting directions under Chapter 1, 1A or 2.F5I1I2C1C2C3C4C5C6C7C8C9
England, Wales and Northern Ireland
Except as provided by this section, no publication shall include a report of a matter falling within subsection (2).
The matters falling within this subsection are—
a direction under section 19 F1, 33A or 36 or an order discharging, or (in the case of a direction under section 19) varying, such a direction;
a direction under Article 7 or 24 of the Criminal Evidence (Northern Ireland) Order 1999 or an order discharging, or (in the case of a direction under Article 7) varying, such a direction;
proceedings—
on an application for such a direction or order, or
where the court acts of its own motion to determine whether to give or make any such direction or order.
The court dealing with a matter falling within subsection (2) may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of that matter.
Where—
there is only one accused in the relevant proceedings, and
he objects to the making of an order under subsection (3),
the court shall make the order if (and only if) satisfied after F3considering (in the case of proceedings in England and Wales) or hearing (in the case of other proceedings) the representations of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objections or representations.
Where—
there are two or more accused in the relevant proceedings, and
one or more of them object to the making of an order under subsection (3),
the court shall make the order if (and only if) satisfied after F4considering (in the case of proceedings in England and Wales) or hearing (in the case of other proceedings) the representations of each of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objections or representations.
Subsection (1) does not apply to the inclusion in a publication of a report of matters after the relevant proceedings are either—
determined (by acquittal, conviction or otherwise), or
abandoned,
in relation to the accused or (if there is more than one) in relation to each of the accused.
In this section “the relevant proceedings” means the proceedings to which any such direction as is mentioned in subsection (2) relates or would relate.
Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of matter in a publication.
Annotations
Textual amendments
- F1
Words in s. 47(2)(a) inserted (E.W.N.I.) (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 37(3); S.I. 2007/709, art. 3(p) (with art. 6)
- F2
S. 47(2)(aa) inserted (30.6.2003 for specified purposes, 1.12.2003 for specified purposes, 8.11.2004 for specified purposes, 21.12.2004 for specified purposes) by The Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789), art. 1(2), Sch. 1 para. 6 (with Sch. 2); S.R. 2003/323, art. 2, Sch.; S.R. 2003/476, arts. 2, 4; S.R. 2004/468, art. 2; S.R. 2004/531, art. 2
- F3
Words in s. 47(4) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 15(6), 51(3)
- F4
Words in s. 47(5) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 15(6), 51(3)
- F5
Words in s. 47 heading substituted (E.W.N.I.) (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 37(2); S.I. 2007/709, art. 3(p) (with art. 6)
Modifications
- C1
S. 47 applied (with modifications) by 1998 c. 37, s. 1I(5) (as inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 143, 178(8); S.I. 2005/1521, art. 3(1)(s))
- C2
S. 47 applied (with modifications) by S.I. 2004/1988 (N.I. 12), art. 6C(5) (as inserted (18.9.2006) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965), arts. 1(2)(a), 6; S.R. 2006/368, art. 2(a))
- C3
S. 47 applied (with modifications) (E.W.) (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 31(4), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(a)
- C4
S. 47 applied (with modifications) (E.W.) (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 16(4), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(a)
- C5
S. 47 applied (with modifications) (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), ss. 33(4), 63(2); S.I. 2016/553, reg. 2
- C6
S. 47 applied (with modifications) (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), ss. 34(4), 63(2); S.I. 2016/553, reg. 2
- C7
S. 47 applied (with modifications) (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 340(4)(a), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
- C8
S. 47 applied (with modifications) (27.11.2024 until the end of the specified period on 24.11.2026 for E.W. in relation to specified areas, 5.3.2025 until the end of the specified period on 26.11.2025 in relation to the specified area, 11.3.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas, 28.4.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas) by Domestic Abuse Act 2021 (c. 17), ss. 49(4), 90(6); S.I. 2024/1191, regs. 1(2)(g), 2, 3(1) (with reg. 4); S.I. 2025/261, regs. 1(2)(f), 2, 3 (with reg. 4); S.I. 2025/319, regs. 1(2)(f), 2, 3 (with reg. 4); S.I. 2025/515, regs. 1(3)(e)(f), 2 (with reg. 3) (as amended (21.11.2025) by S.I. 2025/1222, regs. 1(2), 2, 3, 4 and (25.3.2026) by S.I. 2026/342, regs. 1(2), 2, 3, 4)
- C9
S. 47 applied (with modifications) (26.10.2026) by 2014 c. 2, s. L1(3) (with s. L1(4) (as inserted by Crime and Policing Act 2026 (c. 20), ss. 1(2), 255(1); S.I. 2026/960, reg. 4(a))
Commencement
- I1
S. 47 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 47 in force in so far as not already in force for E.W. at 24.7.2002 by S.I. 2002/1739, art. 2(d)
- I2
S. 47 in force at 8.11.2004 for N.I. in so far as not already in force by S.R. 2004/467, art. 2(b)
Notes on Chapter IV
Modifications
- C1
Pt. II Ch. IV modified (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 2009/2083), arts. 1, 13
Notes on Reports relating to directions under Chapter I or IIChapter 1, 1A or 2
Textual amendments
- F1
Words in s. 47 cross-heading substituted (E.W.N.I.) (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 37(2); S.I. 2007/709, art. 3(p) (with art. 6)