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Rod Liddle at his home in Wiltshire, Britain - 02 Jan 2009
Rod Liddle wrote the article that has landed the Spectator in court. Photograph: John Lawrence/Rex Features
Rod Liddle wrote the article that has landed the Spectator in court. Photograph: John Lawrence/Rex Features

Spectator magazine to face charge over article on Stephen Lawrence trial

This article is more than 11 years old
Magazine summoned to appear in court charged with breaching reporting restrictions with article by Rod Liddle

The Spectator is to be charged with breaching reporting restrictions during the trial of two men for the murder of Stephen Lawrence.

The magazine, which has admitted printing an article containing prejudicial facts, said it would not contest the case. It faces a fine of up to £5,000; had it faced contempt of court charges any penalty could have been far greater.

The charge relates to an article by the commentator Rod Liddle published last November during the trial of Gary Dobson and David Norris, who went on to be convicted of murdering the black teenager. The Old Bailey judge warned jurors not to read the article.

The Spectator's representatives are due to appear at Westminster magistrates court on 7 June to answer a summons issued by the Crown Prosecution Service. Responding to the announcement, Fraser Nelson, editor of the Spectator, said: "We apologised in court for this article in November, and accept that it transgressed the reporting restrictions then in place. The judge accepted our apology and we will not be contesting the CPS's decision."

Neville Lawrence, Stephen's father, said the magazine should have been dealt with under contempt of court legislation, which could have seen the publisher jailed or face an unlimited fine.

"I am very disappointed by this outcome and think the charge should have been for a more serious offence," he said. "The article was published at a critical time at the start of the case when it was clear that any press comments could cause the trial to collapse. The maximum fine is £5,000, which is little more than a slap on the wrist for a magazine like the Spectator."

Alison Saunders, the CPS chief prosecutor in London, said the charge would be brought "under section 83 of the Criminal Justice Act 2003, in relation to an article by Rod Liddle about the recent Stephen Lawrence trial".

She said: "On 24 November 2011 the attorney general referred an article published in the Spectator magazine to the Crown Prosecution Service for consideration of whether a reporting restrictions order in place at the time had been breached.

"The article in question was dated 19 November 2011 and came during the trial of Gary Dobson and David Norris who were accused, and subsequently convicted, of the murder of Stephen Lawrence. The judge, Mr Justice Treacy, referred the article to the attorney general for consideration under his contempt powers.

"Having applied the full code test in the code for crown prosecutors, I have taken the decision that there is a realistic prospect of conviction," Saunders said. "The attorney general has determined that it is in the public interest to proceed and he has given his consent to this prosecution."

Under section 83 of the Criminal Justice Act 2003, where publication is in a newspaper or periodical, the proprietor, editor or publisher may be liable for an offence but not the author.

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