S.4(2) Contempt of Court Act 1981 and S.159 Criminal Justice Act 1988
Littlewood
Defendant charged with serious sexual offences against young boys and child cruelty, sought an order under S.4(2) of the Contempt of Court Act to prevent the publication of his name and address in any report of the case after the Judge lifted a S.11 order to the same effect.
The Judge refused to make the order sought.
After being refused leave for a judicial review of that decision, the Defendant appealed unsuccessfully to the Court of Appeal under S.159 of the Criminal Justice Act 1988.
S.159(1) states:
“A person aggrieved may appeal to the Court of Appeal, if that court grants leave, against
- an order under s.4 or 11 of the Contempt of Court Act 1981 made in relation to a trial on an indictment…
Parliament implemented this section primarily for the media who may be dissatisfied with an order made under these sections.
The Court of Appeal refused Littlewood’s application for leave to appeal and held that there was in fact no order against which he could appeal. There had to be an order in existence for S.159 to apply. Accordingly, the Court of Appeal had no jurisdiction to grant leave to appeal. It pointed out that as a defendant he had normal rights to a fair trial and if he did not have a fair trial he could appeal.
[see also s.11 article]
