The Herald Express in Torquay has won the right to name a mother involved in child abuse case.

The newspaper successfully challenged a reporting restriction which drastically curtailed its freedom to report serious crimes committed by the mother and her violent babysitter.

It instructed its solicitor Cathryn Smith, of Foot Anstey, to overturn a widely-drawn order made under section 39 of the Children and Young Persons Act 1933, in a case before Exeter Crown Court.

After babysitter Andrew Hunter admitted inflicting grievous bodily harm on two-year-old twin boys and their mother Haley Poole admitted conspiracy to pervert the course of justice, Judge David Tyzack imposed the order banning the publication of any details likely to identify the young victims.

But the ban was also extended to the mother and a brother of the twins, who was not even involved in the proceedings.

Following written representations from solicitor Cathryn, the judge agreed to hear her argument in chambers at Plymouth Crown Court, where he was then sitting.

Judge Tyzack accepted there was no power under Section 39 to ban the identification of an adult defendant or a child who was not concerned in the proceedings.

The judge also accepted that the original order had not struck the right balance between the newspaper’s right to report criminal trials and its freedom of expression under Article 10 of the European Convention on Human Rights, and the individuals’ right to privacy under Article 8.

He agreed to amend his order so that it would only prevent the Herald Express from publishing the twins’ names, address and school. The newspaper was free to report other details that might indirectly identify the twins, including naming Poole and revealing the twins’ relationship with her.

Cathryn said: “The intervention from the Herald Express ensured two adult defendants, guilty of serious crimes, did not escape with anonymity in reports of the proceedings.”