AddThis SmartLayers

Weekly paper overturns defendant naming ban in child abduction case

The Hereford Times has successfully challenged magistrates after a district judge imposed a Section 11 order on a former detective sergeant facing child abduction charges.

The detective first appeared in court in Gloucester Magistrates where he answered to his name in open court and denied charges of intentionally touching a 13-year-old girl in a sexual manner and abducting her “by taking her out of the care and control of a person who was in lawful charge of her”.

District judge Bopa-Rai then imposed the Section 11 which banned the press from identifying the officer.

The Hereford Times immediately sought to have the order revoked but attempts on that day were turned down by the judge.

But a week later, when the paper succeeded in being allowed to address magistrates sitting in the same court, deputy editor Richard Winterbourn outlined the case for there being no grounds for a ban.

“It is a matter of great principle to the newspaper that we are able to report this issue fully,” he told the bench, adding that the court had received a detailed report explaining that due to the defendant’s name being openly used in court means a Section 11 order cannot be used.

The court heard that judge Bopa-Rai originally imposed the banning order because of the defendant’s occupation and the nature of the charge.

The chairman of the bench, Gregory Jones, agreed with the submission made by the newspaper adding that there was “no real reason for the order to stand”.

The defendant will now appear before the same magistrates in October when it is expected committal proceedings will begin.