A trainee reporter from a regional daily successfully challenged a court order to allow the paper to name a couple who have been charged with child neglect.

Jonathan Humphries from the North West Evening Mail was covering a case at Furness Magistrates’ Court involving couple Laura O’Shea and Michael Street, who have each pleaded not guilty to two charges of wilfully neglecting a child under 16.

He was aware that there was likely to be a Section 39 order imposed so the children could not be named and when the prosecutor asked for the reporting restriction, Jonathan made representations against it.

He argued that the children in the case, who were one and three-years-old, were too young to be affected by adverse publicity and magistrates agreed.

Jonathan told the court: “The children are too young to understand the adverse publicity and it will be years after the report is printed in the paper before they would be able to do so.

“It is a very serious crime and the public have a right to know who has been charged with these offences and the court procedures that follow these charges.”

He also explained that by ordering anonymity for the children, it would present difficulites in reporting details of the case or the names of the defendants.

While Jonathan was making his challenge, a member of the public gallery was arrested for making an “obscene gesture” and taken to the cells.

The bench retired to consider the challenge, before presiding magistrate Mr Raj Rathi said: “The public interest in this case far outweighs any potential effects on the children, who are much too young to understand any adverse publicity. There will be no reporting restrictions on this case.”

Jonathan told HTFP: “As this is the first time I have had to challenge a court order, I have to say my heart was pounding. I knew the imposing the order was against court guidelines but that didn’t make standing in front of the magistrates any easier.

“I would say if you are covering a case likely to involve a challenge, make sure you study your McNae’s and take it with you.”

Street, 46, of no fixed abode, and O’Shea, 33, of Windsor Street in Millom, have been bailed and the case has been referred to Preston Crown Court when they will appear in October for a preliminary hearing.