Publishing Names & other information
What information/details can be published when a person has been charged of a criminal offence?
Please refer to Part 9, Section 204 (8) on Reporting Restrictions;
204.(1) Except as provided by this section, no person may publish in Gibraltar a written report, or include in a relevant programme broadcast in Gibraltar a report, of any allocation proceedings, committal proceedings or sending proceedings in Gibraltar containing any matter that is not permitted by subsection (8).
(2) The Magistrates’ Court may, with reference to any allocation, committal or sending proceedings, on an application for the purpose made by the prosecutor or any of the defendants, order that subsection (1) does not apply to reports of those proceedings.
(3) If there is only one defendant and he objects to the making of an order under subsection (2), the court may make the order only if it is satisfied, after hearing the representations of the prosecutor and defendant that it is in the interests of justice to do so.
(4) If in the case of 2 or more defendants one of them objects to the making of an order under subsection (2), the court may make the order only if it is satisfied, after hearing the representations of the prosecutor and all the defendants, that it is in the interests of justice to do so.
(5) An order under subsection (2) must not be made in respect of reports of proceedings under subsection (3) or (4), but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by subsection
(6) It is not unlawful under this section to publish or include in a relevant programme a report of allocation, committal or sending proceedings containing matter other than that permitted by subsection (8)–
(a) if the Magistrates’ Court decides not to commit or send the defendant, or any of the defendants for trial - after it so decides;
(b) if the court commits or sends the defendant or any of the defendants for trial - after the conclusion of the trial or, as the case may be, the trial of the last defendant to be tried.
(7) If at any time during the inquiry the court proceeds to try summarily the case of one or more of the defendants under Part 8, while committing the other defendant or one or more of the other defendants for trial, it is not unlawful under this section to publish or include in a relevant programme, as part of a report of the summary trial after the court decides so to proceed, a report, containing matter that is not permitted by subsection (8), of the part of the committal proceedings that takes place before the decision.
(8) The following matters may be contained in a report of allocation, committal or sending proceedings published or included in a relevant programme without an order under subsection (2) before the time authorised by subsection (6) or (7)–
(a) the identity of the court and the name of the examining magistrates;
(b) the name, age, home address and occupation of each of the defendants;
(c) the names, addresses and occupations of the witnesses;
(d) in the case of a defendant charged with a complex fraud offence - any relevant business information;
(e) the offence or offences, or a summary of them, with which the defendant or defendants is or are charged;
(f) the names of legal representatives engaged in the proceedings;
(g) if the court commits or sends the defendant or any of the defendants for trial - the charge or charges, or a summary of them, on which he is committed or sent;
(h) any decision of the court on the disposal of the case of any defendants not committed or sent;
(i) if the proceedings are adjourned - the date and place to which they are adjourned;
(j) the arrangements as to bail; and
(k) whether the defendant or any defendant was granted legal aid;
CAB SERVICE AIMS TO
Ensure that individuals do not suffer through lack of knowledge of their rights and responsibilities or of the services available to them or through an inability to express their needs effectively.