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Challenging
the courts
Court
reporters should be aware of the routes to challenge courts
and be able to recognise where the court has made dubious
decisions or rulings.
The
Informal Approach
Often,
all that is needed is for the journalist to ask the court to
state under which section of which Act the decision has been
made. On other occasions, the editor may have to write to the
clerk, justices or the judge.
Judicial
Review
If
the above fails, a newspaper or broadcaster can initiate
proceedings to challenge a court decision.
Section
159 Appeal
Section
159 of the Criminal Justice Act 1988 provides a right of
appeal to the Court of Appeal against a judge's decision to
grant or refuse an application either to exclude the press and
public at any time or to restrict reporting of a trial.
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