The standard form of draft order in reporting restriction cases has been agreed between representatives of the national media and the Official Solicitor and CAFCASS. It is as follows:
Case Number: [__________]
IN THE HIGH COURT OF JUSTICE
BEFORE [JUDGE] IN PRIVATE
IN THE MATTER OF THE COURT'S INHERENT JURISDICTION
REPORTING RESTRICTION ORDER
If you disobey this order you may be found guilty of contempt of court and may be sent to prison or be fined or have your assets seized. You should read the order carefully and are advised to consult a solicitor as soon as possible. You have the right to ask the Court to vary or discharge the order.
- On [date] the Court considered an application for a reporting restriction order.
- The following persons and/or organisations were represented before the Court: [describe parties and their advocates]
- The Court read the following documents: [list the documents]
The Court directed the [Applicant/Claimant] to file a statement no later than [date] setting out the information presented to the court at the hearing.
The Court directed that copies of the attached Explanatory Note and [list any other documents] be made available by the [Applicant/Claimant] to any person affected by this Order.
- In a case where an undertaking in damages is required by the Court:
The Applicant gave an undertaking that if the Court later finds that this Order was obtained as a result of any deliberate or careless misrepresentation by the Applicant, and that this has caused loss to any person served with the Order, and that that person should be compensated, the Applicant will comply with any order the Court may make.]
- In the case of an order made without notice:
This order was made without notice to those affected by it, the Court having considered section 12(2) Human Rights Act 1998 and being satisfied (i) that the [Applicant/Claimant] has taken all practicable steps to notify persons affected and/or (ii) that there are compelling reasons for notice not being given, namely: [set out the Court's reasons for making the order without notice]
- In the case of an application by a local authority:
The Court granted permission to the Applicant to apply for the exercise of the Court's inherent jurisdiction.]
Subject to any different order made in the meantime, this order shall have effect
[in the case of an adult] during the lifetime of the [Defendant], whose details are set out in Schedule 1 to this order.
[in the case of a child] until [date], the 18th birthday of the child whose details are set out in Schedule 1 to this order ("the Child").
- Who is bound
This order binds all persons and all companies (whether acting by their directors, employees or agents or in any other way) who know that the order has been made.
- Publishing Restrictions
This order prohibits the publishing or broadcasting in any newspaper, magazine, public computer network, internet website, sound or television broadcast or cable or satellite programme service of:
IF, BUT ONLY IF, such publication is likely to lead to the identification of the [Defendant/ Child] as being [set out the feature of the situation which has led to the granting of the order].
- The name and address of
- the [Defendant/Child];
- [in the case of a child] the Child's parents ("the parents"), whose details are set out in Schedule 2 to this order;
- any individual having day-to-day care of or medical responsibility for the [Defendant/Child] ("a carer"), whose details are set out in Schedule 3 to this Order;
- any residential home or hospital, or other establishment in which the [Defendant/Child] is residing or being treated ("an establishment");
- any picture being or including a picture of either the [Defendant/Child], a carer or an establishment;
- any other particulars or information relating to the [Defendant/Child];
- No publication of the text or a summary of this order (except for service of the order under paragraph 7 below) shall include any of the matters referred to in paragraph 3 above.
- Restriction on seeking information
This Order prohibits any person from seeking any information relating to the [Defendant/Child] [or the parents] or a carer from any of the following:
- the [Defendant/Child];
- the parents];
- a carer;
- the staff or residents of an establishment.]
- What is not restricted by this Order
Nothing in this Order shall prevent any person from:
- publishing information relating to any part of a hearing in a court in England and Wales (including a coroner's court) in which the court was sitting in public and did not itself make any order restricting publication.
- seeking or publishing information which is not restricted by Paragraph 3 above.
- inquiring whether a person or place falls within paragraph 3(a) above.
- seeking information relating to the [Defendant/Child] while acting in a manner authorised by statute or by any court in England and Wales.
- seeking information from the responsible solicitor acting for any of the parties or any appointed press officer, whose details are set out in Schedule 4 to this order.
- seeking or receiving information from anyone who before the making of this order had previously approached that person with the purpose of volunteering information (but this paragraph will not make lawful the provision or receipt of private information which would otherwise be unlawful).
- publishing information which before the service on that person of this order was already in the public domain in England and Wales as a result of publication by another person in any newspaper, magazine, sound or television broadcast or cable or satellite programme service, or on the internet website of a media organisation operating within England and Wales.
Copies of this Order endorsed with a notice warning of the consequences of disobedience shall be served by the [Applicant/Claimant] (and may be served by any other party to the proceedings)
- by service on such newspaper and sound or television broadcasting or cable or satellite or programme services as they think fit, by fax or first class post addressed to the editor (in the case of a newspaper) or senior news editor (in the case of a broadcasting or cable or satellite programme service) or website administrator (in the case of an internet website) and/or to their respective legal departments; and/or
- on such other persons as the parties may think fit, by personal service.
- Further applications about this Order
The parties and any person affected by any of the restrictions in paragraphs 3-5 above may make application to vary or discharge it to a Judge of the High Court on not less than [48 hours] notice to the parties.
[The [Defendant/Child]'s Full Name:
[Information enabling those affected by order to identify the Defendant/Child]
[Similar details of parents]
[Similar details of carers or other persons protected]
[Contact details of responsible solicitor and/or press officer]
Date of Order:[__________]
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