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Judge makes a U-turn on his U-turn – and bans the press

A judge who reversed a decision on what could and could not be reported at certain drugs hearings at Gloucester Crown Court has expelled the press – after changing his mind again.

Judge Gabriel Hutton agreed to re-admit the press to drug treatment and testing orders, which are handed down to offenders with drug problems to keep them in touch with the probation service.

In December he told the press to leave court but allowed the public to stay, before relenting on the decision after receiving a letter from The Citizen.

At the time court officials were unable to quote any law or statute which gave the judge power to override the usual rule that “justice must not only be done, it must be seen to be done”.

But when the original case came up again, the judge made a U-turn on his U-turn – and re-imposed the media ban.

Speaking to The Citizen in his private quarters Judge Hutton defended his decision.

He said since lifting the initial ban he had now been “persuaded that it was not a good idea”.

“So I have forbidden it,” he added.

He said the press should be allowed to report when a drug treatment and testing order was being imposed but he was defiant in his stance that reviews of such orders should be held in private.

“Reviews of such orders are pretty sensitive. I get reports on the progress of the order and the attendance of the defendants who appear without legal representation.

“I think it is unnecessary for these to be publicised.”

He said it was “undesirable” for the comments he makes to defendants to be made public.

“It is much better in this rather sensitive procedure for the judge, probation and the defendant to be discussing this in private.

“I am the judge in this court and I am entitled to exclude the press when I think it is in the public interest and in the interest of the defendant.

“I consider that I have discretion to make these exceptions.”

Press interested in the cases can appeal to a higher court – and the Citizen has pledged to fight the ban.

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