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The order, issued under section 4(2) of the Contempt of Court Act 1981, prohibited publication of trial reports until the jury returned its verdict. The application is brought under section 159 of the Criminal Justice Act 1988 after conviction, challenging the order as a matter of principle.",{"@graph":63,"@context":118},[64,80,101],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/regina-v-sarker-application-for-permission-to-appeal-reporting-restriction-order/163794/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/regina-v-sarker-application-for-permission-to-appeal-reporting-restriction-order/163794.png","ImageObject",442,249,{"name":88,"@type":89},"Liam","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/vnd.openxmlformats-officedocument.wordprocessingml.document","2026-09-20","2026-08-31",true,{"@type":98,"interactionType":99,"userInteractionCount":76},"InteractionCounter",{"@type":100},"ViewAction",{"@type":102,"mainEntity":103},"FAQPage",[104,110,114],{"name":105,"@type":106,"acceptedAnswer":107},"What reporting restriction order was made, and what did it prevent?","Question",{"text":108,"@type":109},"An order under section 4(2) of the Contempt of Court Act 1981 prohibited publication of any report of the trial until after the jury returned its verdict.","Answer",{"name":111,"@type":106,"acceptedAnswer":112},"On what legal basis does the BBC seek to appeal the order?",{"text":113,"@type":109},"The BBC application is made under section 159 of the Criminal Justice Act 1988, seeking permission to appeal as a matter of principle.",{"name":115,"@type":106,"acceptedAnswer":116},"How does the case proceed after conviction and discharge of the order?",{"text":117,"@type":109},"After the jury convicted the defendant on 2 February 2018, the judge discharged the order; nonetheless, the appeal is pursued and section 159 can be used even after discharge.","https://schema.org",{"og:url":78,"og:type":120,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":122,"canonical":78},"index,follow",{"doc_id":124,"site_id":56},163794,1788147263,{"code":4,"msg":5,"data":127},{"doc_id":124,"user_id":128,"nickname":88,"user_avatar":129,"doc_module":9,"category_id":40,"category_name":41,"doc_title":59,"doc_description":61,"doc_content":130,"file_id":131,"file_url":132,"file_type":133,"file_size":134,"view_count":76,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":135,"language":136,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":61,"update_tm":125,"read_time":47},8796095461564,"https://ap-avatar.wpscdn.com/davatar_155a257f0dc6eb9ab79c44ca47cae57d","Neutral Citation Number: [2018] EWCA Crim 1341\nCase No: 201800497/C4\nIN THE COURT OF APPEAL (CRIMINAL DIVISION)\nON APPEAL FROM WORCESTER CROWN COURT\nHHJ Juckes QC\nT20170027\nRoyal Courts of Justice\nStrand, London, WC2A 2LL\nDate 13 June 2018\nBefore:\nTHE RIGHT HONOURABLE THE LORD BURNETT OF MALDON\nLORD CHIEF JUSTICE OF ENGLAND AND WALES\nTHE HONOURABLE MR JUSTICE STUART-SMITH\u000band\nTHE HONOURABLE MR JUSTICE NICKLIN\n- - - - - - - - - - - - - - - - - - - - -\nBetween:\n- - - - - - - - - - - - - - - - - - - - -\n- - - - - - - - - - - - - - - - - - - - -\nBen Silverstone (instructed by BBC Legal Department) for the Applicant\nJacob Hallam QC (instructed by Crown Prosecution Service) for the Respondent\nThe Defendant did not attend and was not represented\nHearing date: 23 May 2018\n- - - - - - - - - - - - - - - - - - - - -\nApproved Judgment\nLord Burnett of Maldon:\nThis 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. The defendant has been notified of the BBC’s application, but he has not sought to participate in the proceedings.\nThe jury convicted the defendant on 2 February 2018 following which the judge discharged the Order. Nevertheless, the BBC seeks to challenge the Order as a matter of principle. It is common ground that an appeal under section 159 can be made even after the reporting restriction order has been discharged: ex parte Central Independent Television [1991] 1 WLR 4, at 9E per Lord Lane CJ.\nThe Criminal Proceedings\nThe defendant was a surgeon. He was charged with a single count of fraud contrary to section 1 of the Fraud Act 2006. The prosecution alleged that, between 9 May 2011 and 1 September 2011, he had dishonestly exaggerated his professional experience in order to obtain an appointment as a consultant surgeon at the Alexandra Hospital in Redditch (part of the Worcestershire Acute Hospital Trust (“the Trust”)), a post he took up in August 2011. The work he undertook included bowel surgery and the use of keyhole surgical techniques.\nColleagues of the defendant soon raised concerns about his competence. He was said to be performing surgery poorly and there were incidents where procedures went wrong. In 2012, the Trust undertook an initial investigation into events which included six incidents and a death. The results showed stark contrasts in the complication rates for the defendant’s patients when compared with other surgeons performing similar operations. Ultimately, the defendant was made subject to an independent surgical review by the Royal College of Surgeons. He was suspended and then dismissed in 2015.  There was a police investigation into a number of deaths of his patients.\nConcerns over the defendant’s competence and the Trust’s investigation were reported in the media.\nOn 19 June 2013, a report appeared in the Hereford & Worcester section of the BBC News website under the headline: “Worcestershire surgeon Sudip Sarker investigated by trust”. It quoted a statement from the Trust that the defendant had been suspended in October 2012 after “a number of concerns” had been raised about him and that three deaths had been referred to a coroner.\nOn 21 February 2014, a Sky News report appeared on its website under the headline: “Surgeon faces police probe over deaths”. It reported that a police investigation had been opened into the deaths of a number of patients under the care of the defendant. A seni","cbCaij9QykuqxJrA","https://ap.wps.com/l/cbCaij9QykuqxJrA","docx",67824,13,"English","# Criminal Proceedings\n## Reporting restriction order and its legal basis\n## Conviction and discharge of the order\n# Allegations and media reporting","[{\"question\":\"What reporting restriction order was made, and what did it prevent?\",\"answer\":\"An order under section 4(2) of the Contempt of Court Act 1981 prohibited publication of any report of the trial until after the jury returned its verdict.\"},{\"question\":\"On what legal basis does the BBC seek to appeal the order?\",\"answer\":\"The BBC application is made under section 159 of the Criminal Justice Act 1988, seeking permission to appeal as a matter of principle.\"},{\"question\":\"How does the case proceed after conviction and discharge of the order?\",\"answer\":\"After the jury convicted the defendant on 2 February 2018, the judge discharged the order; nonetheless, the appeal is pursued and section 159 can be used even after discharge.\"}]","Regina v Sarker - Application for Permission to Appeal Reporting Restriction Order | DOCX"]