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Hendon Times challenges gagging order on adult defendant's ID

The Hendon Times has challenged a court order made under the Children and Young Persons Act which had the effect of allowing an adult defendant to remain anonymous.

Section 39 of the 1933 Act gives adult courts the power to prohibit reporting of the name and other details of children and young people who are involved in their proceedings.

The order prohibiting the identification of a 35-year-old defendant was made by Judge Roger Chapple at an Old Bailey hearing in September.

But it was amended by Mr Recorder Oliver Sells at a subsequent hearing earlier this month after representations by lawyer Priya Lakhani, of parent company Newsquest.

Media Lawyer reports how she told the judge that the Court of Appeal had held that a section 39 order could not be used specifically to prohibit the identification of an adult defendant, following a decision in R v Southwark Crown Court ex parte Godwin ([1991] 3 WLR 686; [1991] 3 All ER 818).

She also argued that the child covered by the order was not “concerned in the proceedings” as was required by the Act, as the youngster was not “the person by or against or in respect of whom” the proceedings were brought, and was not a witness.

The child was also extremely young – too young to be affected by any publicity about the case.

She told the hearing that orders of the kind made by the court inhibited court reporting – the press had to be able to publish the defendant’s name in order to set the story in its proper context and to demonstrate that justice was being done in public.

Despite defence arguments that naming the defendant would automatically identify the child, Ms Lakhani said it was quite possible to report the proceedings and name the defendant without identifying the child.

The judge said he would consider the question of the appropriateness of the amended order at sentencing in February.

The defendant has admitted unlawfully supplying a poison or other noxious substance “intended to be unlawfully used or employed with intent to procure the miscarriage of a woman”.