The Lincolnshire Echo has complained to Lincoln Magistrates’ Court after one of its journalists was told to leave a pre-trial review.

Reporter Paul Whitelam had been in court for a hearing on a particular case, held to decide whether it would be heard by magistrates or a crown court judge, when he was told by a clerk that he would have to leave.

The clerk did not give a reason, but told Paul that’s what he had “been advised”, and as the chief of clerks was not available the Echo had to abide by the decision.

The paper has now written to the court pointing out that there is no legislation which justifies the demand.

Head of content Mel West said that although it was too late to address the situation in this particular case, the Echo wanted to make sure that this did not happen again.

She said: “It was an open court and we were entitled to be there.

“I’ve been here six years and have never known this happen before.”

Cathryn Smith, a lawyer with media law specialists Foot Anstey Sargent, said: “Magistrates’ courts must sit in public unless given the right to do otherwise by some other statute. I know of no statute which justifies a clerk kicking out members of the press.”

Under the Magistrates Court Act of 1980, newspapers are given guidelines on how to report pre-trial review hearings.

The hearing related to the case of a Lincoln man who has denied using threatening behaviour during an incident in Burton Road in January.

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