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Reporter’s court challenge sees pervert named

A regional newspaper reporter successfully challenged a court order which would have prevented a paedophile from being named.

Aaron Hawes was sentenced to 28 months imprisonment at Dorset Crown Court after admitting two charges of sexual assault on a child under 13, five charges of taking indecent photographs of a child and one charge of possession of indecent photographs of a child.

However Dorset Echo court reporter Lucy Pearce was initially barred from naming him by an order under Section 4(2)  of the Contempt of  Court Act.

It was only after Hawes had been sentenced that Lucy was informed by the prosecution and defence barrister of the existence of the order, designed to protect the anonymity of the victim.

Lucy asked to make a representation to the judge opposing the order, but was informed by the court clerk that the judge did not wish to return to the courtroom.

So she sent an email to the court to pass on to the judge suggesting that the order was unlawful and requesting the reporting restriction was lifted.

The following working day, Lucy attended the court where the judge, after considering her submission, lifted the reporting ban allowing a full report.

The victim’s anonymity continued to be protected by the automatic reporting restrictions imposed under Section 1 of the Sexual Offences (Amendment) Act 1992.

Lucy who qualified as a senior in April said: “When I was informed the order was in place, alarm bells started ringing because I knew a Sec 4(2) only provides a temporary ban on reporting when there is a substantial risk of prejudice to active proceedings.

“In this case the defendant had been sentenced and there weren’t any other proceedings that could have been prejudiced.

“I also knew that the purpose of a Section 4 is not to protect the victim – the automatic restrictions in Section 1 of the Sexual Offences (Amendment) Act 1992 already provides automatic lifelong anonymity for the victim, so it was completely unnecessary.

“I’m really pleased that when the judge considered the matter he clearly supported my representation and immediately lifted the ban.”