This is an application by the British Broadcasting Corporation ("BBC") (supported by Associated Newspapers, Guardian News and Media, Mirror Group Newspapers, News Group Newspapers, the Press Association and Times Newspapers) for permission to appeal a reporting restriction order imposed by His Honour Judge Juckes QC at Worcester Crown Court on 22 January 2018, the first day of the defendant's trial ("the Order"). The Order was made under section 4(2) of the Contempt of Court Act 1981 ("the 1981 Act"). It prohibited publication of any report of the trial until after the jury returned its verdict. The BBC's application is made under section 159 of the Criminal Justice Act 1988.
Applying the principles as we have identified them, it becomes clear that the Order should not have been made. The BBC's submissions before the Judge (see paragraph 14 above) correctly identified the issues and their bearing on the legal principles underpinning the section 4(2) regime. Fair and accurate contemporaneous reporting of the trial would not have given rise to any risk of prejudice.