The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
A had pleaded guilty to a charge of being drunk in a public place, while having the charge of a child under the age of 7 years, contrary to section 2(1) of the Licensing Act 1902. The child in question was A’s daughter, to whom I shall refer as B. B was 2 and a … Continue reading A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013
In a criminal case involving a ward of court, the judge in the criminal case may restrict the reporting without leaving it for the wardship Judge. The jurisdiction of the High Court in cases involving the care and upbringing of children over whose welfare the court is exercising a supervisory role is ‘ . . … Continue reading In Re R (A Minor) (Wardship: Restraint of Publication): CA 25 Apr 1994
Judge may take representations in his sole discretion before making an order providing for the naming or non naming of a party by newspapers. Citations: Ind Summary 05-Sep-1994, Gazette 26-Oct-1994, Times 16-Aug-1994 Statutes: Children and Young Persons Act 1933 39 Jurisdiction: England and Wales Criminal Practice, Media Updated: 25 October 2022; Ref: scu.86308
The defendant had been convicted of murdering his schoolteacher. The court now gave reasons, at the end of the case for discontinuing the order restricting his being named. Orders protecting the identities of children witnesses were continued. Judges: Coulson J Citations: [2014] EWHC 3623 (QB) Links: Bailii Statutes: Children and Young Persons Act 1933 39, … Continue reading Cornick, Regina v: QBD 3 Nov 2014
The court gave its reasons for making an order preventing identification of a child claimant in professional negligence proceedings. Held: By virtue of the Human Rights Act 1998, the court, as a public authority, must take account of these competing principles where they become engaged, as in the case of the application of section 39. … Continue reading A Child v Cambridge University Hospitals NHS Foundation Trust: QBD 4 Mar 2011
Judges: Pepperall J Citations: [2019] EWHC 1668 (QB) Links: Bailii Statutes: Children and Young Persons Act 1933 39 Jurisdiction: England and Wales Coroners, Media Updated: 21 July 2022; Ref: scu.639713
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
Refusal of magistrates to make order prohibiting disclosure of child’s name on application for anti-social behaviour order. Judges: Mr Justice Harrison Citations: [2004] EWHC 1933 (Admin) Links: Bailii Statutes: Children and Young Persons Act 1933 39, Crime and Disorder Act 1998 1D Jurisdiction: England and Wales Magistrates, Children Updated: 11 June 2022; Ref: scu.200314
The defendant had been under 18 at the commencement of proceedings but attained 18 during them. The newspaper was granted leave to refer to him by name upon his becoming 18. Held: Denying the appeal. The balance between the freedom of the press and the protection of youths had to be maintained properly. Once the … Continue reading Todd v Crown Prosecution Service; T v Director of Public Prosecutions and Another; Todd v DPP: QBD 6 Oct 2003
Application to lift bar on reporting of a case involving a child where child might be identifiable. Order lifted. Citations: [1999] EWHC Admin 331 Links: Bailii Statutes: Children and Young Persons Act 1933 39 Cited by: See Also – Regina v Portsmouth Hospitals Nhs Trust ex parte Carol Glass Admn 21-Apr-1999 . . Lists of … Continue reading Regina v Portsmouth Hospitals NHS Trust ex parte Carol Glass: Admn 21 Apr 1999
A bare order restricting reporting under the section was too vague to allow a later prosecution for contempt. Crook had established that the court must specify just what restrictions are to apply. Judges: Lord Justice Laws and Mr Justice Newman Citations: Times 26-Nov-2001, [2002] EMLR 12 Statutes: Children and Young Persons Act 1933 39(1) 39(2) … Continue reading Briffett v Director of Public Prosecutions; Bradshaw v Director of Public Prosecutions: QBD 6 Nov 2001
The parents had separated and the child made a ward of court. The mother had care and control and the father had access. The father abducted the child to Israel but she was recovered. The father was extradited to stand trial here. He sought publicity for his views upon the treatment of fathers by the … Continue reading In Re R (Wardship: Restrictions on Publication): CA 1994
A Crown Court judge’s decision to allow naming of a youth appearing before it, was a matter for the judge’s discretion, and was not susceptible to judicial review proceedings. Such orders are analogous to contempt orders, tending to influence the trial. Citations: Times 08-Jan-1999, Gazette 03-Feb-1999 Statutes: Children and Young Persons Act 1933 39(1), Contempt … Continue reading Regina v Winchester Crown Court ex parte P B (A Minor): QBD 8 Jan 1999
An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care. Held: The court must balance the need to protect the child with the need for freedom of the press. The issue in the case was not itself about the … Continue reading In re S (A Child) (Identification: Restrictions on Publication): CA 10 Jul 2003
The divisional court has power to review the lifting of bans on reporting of cases involving youths. The legislation is notoriously complicated, and further so because of the Human Rights Act, and needs review. In this case a re-trial was a real possibility, and despite the need for open justice, the order lifting the ban … Continue reading In Re H, In Re D: QBD 13 Aug 1999
Judicial review of decision to publicise the name of a young person accused of a crime. Judges: Sir Brian Leveson Q QBD, Blake, Lewis JJ Citations: [2017] EWCA Crim 739 Links: Bailii Statutes: Youth and Criminal Justice Act 1999 45, Children and Young Persons Act 1933 39 Jurisdiction: England and Wales Criminal Practice, Children, Media … Continue reading Markham and Another v Regina: CACD 9 Jun 2017
The test of whether an order should be made lifting the restriction on the naming of youths in criminal proceedings is whether there are good reasons for naming them. There is no requirement for ‘rare and exceptional’ qualification. Here no direct harm would be caused. Times 26-Oct-1998 Children and Young Persons Act 1933 39 44 … Continue reading Regina v Central Criminal Court Ex Parte Simpkins; Regina v Same Ex Parte Plummer: Admn 16 Oct 1998
Laws LJ, with whom the other members of the court agreed, said that because s 39(2) creates a criminal offence ‘the section is to be construed not necessarily restrictively but at least conservatively unless there is a pressing greater imperative.’ Though it may be desirable to continue the protection given to children, it was not … Continue reading JC and RT, Regina (on The Application of) v The Central Criminal Court and Others: CA 20 Nov 2014
The court was asked whether an order made under s. 39 of the 1933 Act, prohibiting the identification of (among others) a defendant under the age of 18 years, can last indefinitely or whether it automatically expires when that person attains the age of 18 years. Held: A section 39 order expires when the young … Continue reading JC and Another v The Central Criminal Court: QBD 8 Apr 2014
Application was made for approval of a compromise of a claim for damages for personal injury for the child. The court now considered whether an order should be made to protect the identity of the six year old claimant. Held: An order should have been made: ‘the following principles should apply: (i) the hearing should … Continue reading MX v Dartford and Gravesham NHS Trust and Others: CA 17 Feb 2015
The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009
Whether it is appropriate for a court to make an order pursuant to section 39 of the Children and Young Persons Act 1933 to confer anonymity on children or young persons in respect of whom an anti-social behaviour order has been made pursuant to section 1 of the Crime and Disorder Act 1998. Citations: [2002] … Continue reading T, Regina (on the Application Of) v St Albans Crown Court and others: Admn 20 May 2002
The section made it an offence for anyone having care of a child to wilfully neglect the child ‘in a manner likely to cause him unnecessary suffering or injury to health’. Held: The section speaks of an act or omission that is ‘likely’ to cause unnecessary suffering or injury to health. This word is imprecise. … Continue reading Regina v Sheppard: HL 1981
The plaintiff photographer was injured when attending a show jumping competition at the White City Stadium. A horse caught him as it passed. Held: The defendant’s appeal against the finding of negligence succeeded: ‘a competitor or player cannot in the normal case at least of competition or game rely on the maxim volenti non fit … Continue reading Wooldridge v Sumner and Another: CA 4 Jun 1962
Renewed application for leave to appeal against sentence for three offences of administering a poison or noxious substance so as to endanger life, contrary to section 23 of the Offences Against the Person Act 1861 (counts 1-3), and for child cruelty, contrary to section 1 (1) of the Children and Young Persons Act 1933 (count … Continue reading AD, Regina v: CACD 26 Jul 2019
F who was 16 years old when he appeared before the juvenile court charged with robbery and possession of an imitation firearm. The justices decided to proceed summarily. No plea was taken. After being released on bail, he later appeared before a different bench, facing additional charges. The justices purported to reverse the previous decision. … Continue reading Regina v Newham Juvenile Court ex parte F (A Minor): QBD 1986
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991
A shopkeeper’s instructions to staff regarding sales of tobacco to under age consumers, were sufficient to avoid liability on his part. Citations: Times 04-Nov-1994 Statutes: Children and Young Persons Act 1933 7 Jurisdiction: England and Wales Crime Updated: 08 April 2022; Ref: scu.81339
A trial judge had refused an order that steps should not be taken so as to allow S to be identified in reporting the trial of his mother for the alleged murder of his brother by salt poisoning. Held: The court dismissed the application for an injunction restraining the publication by newspapers of the identity … Continue reading Re S (A Child) (Identification: Restrictions on Publication): FD 19 Feb 2003
The newspaper was accused of publishing an article in breach of reporting restrictions imposed under section 33. The court now asked whether the appellant, the newspaper editor, was for these purposes, the publisher and at risk of criminal responsibility. Held: He did not fall outside the class covered by the phrase ‘any person who publishes’ … Continue reading Aitken v Director of Public Prosecutions: Admn 23 Apr 2015
The claimants appealed an order restricting their reporting of a criminal case so as to identify the defendant. Held: Orders preventing the naming of a defendant in order to protect associated children are unlikely to enhance any child protection issues. The order was however required in this case. The actual order was quashed and an … Continue reading Gazette Media Company Ltd. and Others, Regina (on the Application Of) v Teeside Crown Court: CACD 26 Jul 2005
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