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Regina on the Application of Keating v Knowsley Metropolitan Borough Council: QBD 22 Jul 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

Todd v Crown Prosecution Service; T v Director of Public Prosecutions and Another; Todd v DPP: QBD 6 Oct 2003

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

Regina v Portsmouth Hospitals NHS Trust ex parte Carol Glass: Admn 21 Apr 1999

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

Briffett v Director of Public Prosecutions; Bradshaw v Director of Public Prosecutions: QBD 6 Nov 2001

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

In Re R (Wardship: Restrictions on Publication): CA 1994

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

Regina v Winchester Crown Court ex parte P B (A Minor): QBD 8 Jan 1999

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

In re S (A Child) (Identification: Restrictions on Publication): CA 10 Jul 2003

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

Markham and Another v Regina: CACD 9 Jun 2017

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

Regina v Central Criminal Court Ex Parte Simpkins; Regina v Same Ex Parte Plummer: Admn 16 Oct 1998

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

JC and RT, Regina (on The Application of) v The Central Criminal Court and Others: CA 20 Nov 2014

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

JC and Another v The Central Criminal Court: QBD 8 Apr 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

MX v Dartford and Gravesham NHS Trust and Others: CA 17 Feb 2015

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

In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

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

Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009

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

Regina v Newham Juvenile Court ex parte F (A Minor): QBD 1986

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

Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

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

Re S (A Child) (Identification: Restrictions on Publication): FD 19 Feb 2003

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

Aitken v Director of Public Prosecutions: Admn 23 Apr 2015

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

Gazette Media Company Ltd. and Others, Regina (on the Application Of) v Teeside Crown Court: CACD 26 Jul 2005

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

Regina v Sheppard: HL 1981

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 . .

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