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Press can name over-18s in youth courts, says High Court

Northeast Press has won a landmark ruling to name teenage offenders who appear before youth courts after they have reached the age of 18.

The High Court said the test case of teenager David Lee Todd, who was named by the Sunderland Echo and Shields Gazette, had clarified a “grey area”.

The law protects children and young persons from being identified if they appear before youth courts, but until now it was unclear what happened if they turned 18 while their cases were still in progress.

Lord Justice Brooke, sitting with Mr Justice Sullivan, dismissed an appeal by Todd against a South Tyneside Youth Court decision to allow him to be identified following his 18th birthday.

Todd, from Fordland Place, Ford Estate, Sunderland, received a four-month detention and training order from the court in April 2003, after admitting causing grievous bodily harm in March 2002.

Todd was 17 when he attacked a Sunderland Magistrates’ Court usher, but turned 18 while his case was still in progress.

In April a joint letter from the Rob Lawson, editor of the Sunderland Echo, and John Szymanski, editor of the Shields Gazette, called for Todd to be named.

Magistrates agreed to the request, and Todd was subsequently named in both evening papers – but following an appeal the ban on naming him was reintroduced.

However the judges have now lifted the order banning Todd from being identified.

Mr Justice Sullivan said the purpose of Section 49 was not to protect the interests of young persons once they had become adults, and Lord Justice Brooke agreed.

Andrew Smith, editorial director of Northeast Press, which is part of Johnston Press, said: “This is a landmark ruling that will benefit open justice in this country.

“It has established that, in the eyes of the law, an offender loses the right to anonymity as soon as they reach the legal age of adulthood, regardless of their age when they committed the crime or the court in which proceedings started.

“People should know the names of adult offenders in their communities and the media should be able to report them. Our ability to carry out this important function has been made easier.”

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