The claimants, a newspaper and its editor sought judicial review of a refusal to stay private prosecutions brought against them alleging breach of requirements that they not identify children involved in court proceedings, in this case those of the prosecutor.
Held: This was ‘a clear case where the court’s conscience is offended by the fact that the prosecution is brought by a person who by her conduct was likely, if not certain, to identify the child as being the subject of proceedings to which s.97 applied. I would accordingly allow the claim, quash the district judge’s decision and stay the prosecutions as an abuse of the court.’
Judges:
Latham LJ, bennett J
Citations:
[2008] EWHC 1667 (Admin), [2009] 1 WLR 2241, [2009] 1 Cr App R 6, [2009] Crim LR 100, [2009] 1 Cr App Rep 6, [2009] 1 All ER 639
Links:
Statutes:
Jurisdiction:
England and Wales
Media, Children
Updated: 19 July 2022; Ref: scu.278255
