15.10.2025
Open Justice- Analysis of the New Media Notification Rules
New amendments to the Criminal Procedure Rules came into effect on Monday 6th October 2025 and have transformed the landscape for reporting criminal proceedings. Partner Michael Potts and Senior Associate Ilana Baines summarise the new amendments.
What has changed?
A central and crucial principle of our criminal justice system is that the court sits in public so members of the public can observe proceedings and cases can be reported by the media. There are however, occasions where reporting restrictions are required for example, to protect the rights of children, protect vulnerable victims and witnesses or to ensure a fair trial.
The amendments to the Criminal Procedure Rules require a party who is applying for discretionary reporting restrictions in criminal cases to give the media advanced notification of their application. The change stipulates that the responsibility of informing the media now lies with the applicant. The advanced notification will provide the media with the opportunity to make representations and challenge the requested reporting restrictions where appropriate.
It is important to note that the amendment only applies to discretionary reporting restrictions. Automatic reporting restrictions for example to protect child victims in sexual offence cases remain unaffected.
Why was this necessary?
Whilst journalists and media organisations had previously been recognised as ‘interested parties’, there was no requirement for them to be informed when an application for a reporting restriction was served. Without advanced notification, journalists were unable to challenge applications they believed did not meet the requisite threshold to justify reporting being limited. This was seriously undermining the principle of open justice.
A key aim of the initiative is to reinforce the media’s crucial role in ensuring accountability within the criminal justice system. This openness will not only improve the quality of justice, but also increase the society’s appreciation of the court process, and additionally strengthen the public’s confidence in the justice system.
The amendment also provides security and clarity to journalists who previously had been open to contempt proceedings for inadvertent reporting of cases where they were unaware that restrictions were in place.
Impact
Whilst it is early days and we are yet to see the changes in practice, it is anticipated that the amendment will create clarity for all parties and most importantly ensure the principle of open justice is fulfilled.
Next Steps
Court staff are being provided with updated guidance to facilitate the new requirements. All criminal court rooms now have details for media outlets available to facilitate applicants complying with the requirement to notify journalists.
Consultation between journalists, legal professionals and courts will be essential in ensuring a consistent application of the amendments across all criminal courts and ensuring that this positive step towards open justice is correctly implemented. The initiative will be monitored closely and further changes may be forthcoming should any additional amendments be identified.
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