NCTJ Court Reporting Practice Exam

Under which act and section can a court ban the publication of a name?

1. Section 49 of the Children and Young Persons Act

2. Section 11 of the Contempt of Court Act

3. Section 5 of the Criminal Justice Act

4. Section 4 of the Human Rights Act

The correct answer is: Section 11 of the Contempt of Court Act

The correct answer is based on the provisions set out in Section 11 of the Contempt of Court Act. This section allows a court to issue orders to prevent the publication of names or other identifying details that could lead to the identification of parties involved in legal proceedings, particularly in cases where the court deems that such publication could prejudice ongoing legal matters or the safety and welfare of individuals involved. For instance, this could be relevant in situations such as ongoing criminal trials or family law cases, where revealing names may influence the proceedings or endanger someone’s safety. The Act serves to uphold the integrity of the judicial process while balancing the public's right to information. Other options concern different legal contexts or subjects. For instance, the Children and Young Persons Act mainly pertains to the protection of young individuals, while the Criminal Justice Act includes provisions for ensuring fair trials but does not specifically address name publication in the same manner as the Contempt of Court Act. The Human Rights Act focuses more broadly on rights and freedoms rather than the specificities of court proceedings related to name anonymity.