A judge refused to ban a local newspaper from reporting claims that a woman committed crimes because of domestic abuse.

Prosecutors wanted the judge to use his powers under Section 58 of the 1996 Criminal Procedure and Investigations Act to ban parts of the Lincolnshire Echo’s court report – because the charges against the alleged abuser had been dropped.

It would have left the paper unable to report any of Linda Bagshall’s mitigation – that she committed her crimes because she “had come to the end of her tether”.

The Lincolnshire Echo planned to report claims made in court that Linda Bagshall, who stole her ex-boyfriend’s car and hunted him with a knife, was abused for years by her former partner Peter Lewis.

Lewis had previously been charged after an alleged assault on Bagshall two days before she stole the car – she was prepared to give evidence against her former partner but then the case was discontinued. Lincoln Crown Court was told how her doctor had diagnosed her with post-traumatic stress disorder.

Prosecutor Phil Howes had asked the judge to use his Section 58 powers, designed to prevent the press from reporting any derogatory assertions in mitigation.

Legally, “derogatory assertions” are false or irrelevant assertions derogatory to a person’s character made, post-conviction, on behalf of a defendant.

But Judge John Machin refused the application immediately – without hearing the prosecution’s case law and without waiting for representations from the Lincolnshire Echo.

Instead he suggested it would be impossible for the report to be balanced if no reference was made to the alleged domestic violence.

Judge Machin said: “One has to be a little careful. I think, in the circumstances, I oppose these provisions. One comes across mitigations time and time again when opposing points are made and there has been no prosecution.

“There has to come a time when the press is able to make a balanced report.”

His attitude contrasted with Lincoln Magistrates who imposed the reporting ban when Bagshall admitted affray, possessing a knife, aggrevated vehicle taking, driving while disqualified and without insurance, at an earlier hearing in their court.