Important Divisional Court Judgment on Reporting Restrictions

Ben Douglas-Jones recently appeared in the Divisional Court, instructed by the CPS Appeals Unit, in an important case on the interplay between Article 8 of the European Convention on Human Rights and section 39 of the Children and Young Persons Act 1933.

The court, in R (A) v. Lowestoft Magistrates' Court [2013] EWHC 659 (Admin), held that justices had been correct to refuse to make an order prohibiting the publication of the identity of an elected councillor, who had pleaded guilty to being drunk in a public place, while having the charge of a child under the age of 7 years. The claimant had sought such an order for the benefit of her child.