Sarker, Regina v: CACD 13 Jun 2018

The defendant was to face trial under the 2006 Act. He applied for an order under section 4(2) of the 1981 Act postponing the reporting of the proceedings on the grounds that knowledge by the jury of the inquiry and police investigation would be prejudicial. Media organisations now applied for the order made to be lifted.
Held: The application succeeded.
References: [2018] EWCA Crim 1341, [2018] WLR(D) 356
Links: Bailii
Judges: Lord Burnett of Maldon CJ, Stuart-Smith, Nicklin JJ
Statutes: Fraud Act 2006, Contempt of Court Act 1981 4(2)
Jurisdiction: England and Wales
This case cites:

  • Cited – Ex parte Central Independent Television 1991
    An appeal under section 159 can be made even after the reporting restriction order has been discharged. . .
    ([1991] 1 WLR 4)
  • Cited – Scott v Scott HL 5-May-1913
    Presumption in Favour of Open Proceedings
    There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
    Held: The House . .
    ([1912] P 241, [1913] AC 417, 29 TLR 520, [1911-13] All ER 1, , [1913] UKHL 2)
  • Cited – Attorney-General v Leveller Magazine Ltd HL 1-Feb-1979
    The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to . .
    (, [1979] AC 440, [1978] 3 All ER 731, [1979] 2 WLR 247)
  • Cited – Regina v Central Criminal Court ex parte The Telegraph Plc CACD 1993
    The court considered the effect of a jury trial in balancing pre-trial prejudicial publicity. Lord Taylor CJ said: ‘In determining whether publication of matter would cause a substantial risk of prejudice to a future trial, a court should credit the . .
    ([1993] 1 WLR 980, (1994) 98 Cr App R 91)
  • Cited – PNM v Times Newspapers Ltd and Others SC 19-Jul-2017
    No anonymity for investigation suspect
    The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting . .
    (, [2017] UKSC 49, , [2017] WLR(D) 490, [2017] EMLR 29, [2017] 3 WLR 351, , UKSC 2014/0270, , , , , , )
  • Cited – Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors) CA 10-Jun-1998
    A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome.
    Held: The legal professions have no special part in the law as a party . .
    (Times 15-Jun-98, Gazette 01-Jul-98, , [1998] EWCA Civ 958, [1999] QB 966, [1998] 3 All ER 541, [1998] 3 WLR 925)
  • Cited – Kelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
    K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
    (, [2000] EWHC Fam 2, , [2000] EWHC 3 (Fam), [2001] 1 All ER 323, [2000] 3 FCR 509, [2000] Fam Law 886, [2001] 2 WLR 253, [2001] Fam 59, [2001] 1 FLR 197, FD/00P10636)
  • Cited – In re C (A Child) CA 29-Jul-2016
    Publication of care hearings
    The court was asked whether a judgment in earlier care proceedings held in private should now be made public. The father had since been convicted of the murder of C. Reporting restrictions were imposed pending his trial, and immediately after the . .
    (, [2016] EWCA Civ 798, B4/2016/2680, , [2016] Fam Law 1223, [2017] 2 FLR 105, [2016] 1 WLR 5204, [2016] WLR(D) 448, )

These lists may be incomplete.
Last Update: 21 November 2020; Ref: scu.617993