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 half years old. A was an elected councillor and likely to be well known in the local community. The magistrates refused to make an order anonymising the case being not convinced that any damage would flow for the child.
Held: Section 39 of the CYP Act engages important, and competing, principles, namely, on the one hand, the private and family life of a child, and the best interests of that child, and, on the other hand, the freedom of the media to publish, and of the public to receive, information or comment, and the requirements of open justice.
Judges:
Picthford lJ, Kenneth Parker J
Citations:
[2013] EWHC 659 (Admin), [2013] WLR(D) 177, [2014] 1 WLR 1489, [2013] EMLR 20, [2013] Crim LR 763, (2013) 177 JP 377, 177 JP 377
Links:
Statutes:
Children and Young Persons Act 1933 39, European Convention on Human Rights 8 10
Citing:
Cited – A Child v Cambridge University Hospitals NHS Foundation Trust QBD 4-Mar-2011
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 . .
Cited – ex parte Godwin CA 1992
An order had been made to include provision that ‘the names and addresses of the defendants shall . . not be revealed or published’. The court was now asked whether a criminal court had power under section 39 of the CYP Act to prohibit in terms the . .
Cited – Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors) CA 10-Jun-1998
Limitation on Making of Anonymity Orders
A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome.
Held: The legal professions have no special part in the law as a party . .
Cited – 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 . .
Cited – JIH v News Group Newspapers Ltd CA 31-Jan-2011
Principles on Request for Anonymity Order
The defendant appealed against an order granting the anonymisation of the proceeedings.
Held: The critical question is whether there is sufficient general public interest in publishing a report of proceedings which identifies a party by name, . .
Cited – ZH (Tanzania) v Secretary of State for The Home Department SC 1-Feb-2011
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return . .
Cited – ETK v News Group Newspapers Ltd CA 19-Apr-2011
The claimant appealed against refusal of an injunction to restrain the defendant newspaper from publishing his name in connection with a forthcoming article. The claimant had had an affair with a co-worker. Both were married. The relationship ended, . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Media, Human Rights
Updated: 14 November 2022; Ref: scu.472037