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.
Contempt Checker
Run through a structured checklist to assess whether your proposed court report risks strict-liability contempt under the Contempt of Court Act 1981.
Reporting Restrictions Checklist
A step-by-step checklist of the automatic and court-ordered reporting restrictions that could apply to any given case.
Court Reporting Guide
A comprehensive guide to covering courts in England and Wales: what you can report, when, and how to challenge restrictions.
Guide: Contempt and Active Proceedings
Detailed explainer on the Contempt of Court Act 1981, the "active" test, and how to avoid strict-liability contempt.
Guide: Youth Court Reporting
What journalists can and cannot report from youth court proceedings, and how to apply to lift restrictions.
Guide: Family Court Reporting
Your rights as a journalist in family court, the automatic restrictions that apply, and how to seek variation orders.
Guide: Challenging Reporting Restrictions
How to apply to set aside or vary a s.4(2) postponement order or s.11 anonymity order — including the correct court procedure and the open justice arguments available to you.
Sentencing Remarks Archive
Links to the Sentencing Council’s published remarks database, HMCTS case transcripts, and how to request a court transcript for complex judgments.
How to use this pack
- 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
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
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
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
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
- Contempt of Court Act 1981 — strict liability rule, active proceedings, s.4 and s.11 orders
- Children and Young Persons Act 1933, s.49 — automatic youth court reporting restrictions
- Sexual Offences (Amendment) Act 1992 — lifetime anonymity for sexual offence complainants
- Judiciary.gov.uk — Sentencing Remarks — official published sentencing remarks by Crown Court judges
- Family Procedure Rules 2010, r.27.11 — journalist access to family court hearings
- Judiciary — Reporting Restriction Orders guidance — HMCTS guidance on s.4 and s.11 orders
- NUJ Court Reporting Guidance — practical NUJ guidance for journalists covering courts
- Criminal Justice Act 2003, s.45 — anonymity for witnesses under 18 in Crown Court
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.