Reporting Restrictions In Criminal Matters

Author: Matthew de Courcey, Partner

Applications for reporting restrictions, in criminal cases, can be made by the either the prosecution or the defence on a number of grounds. Ordinarily, reporting restrictions exist to protect against the identification of an injured party or to ensure that a defendant’s right to a fair trial is protected.

A court must be satisfied that there is a legal basis for such an application to be made.

On occasion, orders which are made in good faith in relation to reporting restrictions, are challenged by third parties wherein applications are made by media representatives, to seek clarification on the legal basis of a decision.

In the case of Gilchrist and Rogers v Sunday Newspapers Ltd [2017] IESC 18, the Supreme Court held that there is a common law power vesting with the court, that may be exercised by a Judge and with regard to constitutional considerations, to direct that a hearing should be held in camera in certain specific circumstances (para 2).

View Report