AddThis SmartLayers

Reporter overturns court gag in child cruelty case

A North West crime reporter successfully challenged a court gagging order in his first attempt at overturning reporting restrictions.

Despite a press bench comprising Press Association, ITV, ITN and national media freelance journalists, the Lancashire Telegraph’s Sam Chadderton was the only reporter to question the order at Preston Crown Court.

The media was gathered in the Lancashire city to cover the high-profile sentencing of Rebecca Stevenson, the 22-year-old who previously admitted cruelty charges after leaving her four young children home alone to go on a 24-hour drink and drugs binge in July.

Stevenson’s children, who had been conceived to three different men, were aged four, three, one and three months at the time of abandonment and she was handed a suspended prison sentence on Monday.

At an earlier hearing, a judge had imposed a Section 39 order under the 1933 Children and Young Persons Act which prevents publication of anything which could identify a minor.

Sam had compiled a letter citing case history in support of his application and also drew the Judge Norman Wright’s attention to guidelines issued by the Judicial Studies Board.

To complete his application, Sam attached extracts from McNae’s Essential Law for Journalists citing examples of ‘unreasonable orders’. The judge considered Sam’s application prior to the hearing.

Addressing the court, the judge said: “Matters should be free to be reported in the press. My only concern is that the children may suffer from that being reported.

“Only the eldest child has given me pause for thought. Balancing all factors, I’m confident she won’t be affected. The Section 39 order is discharged.”

Sam, who joined the Telegraph from the Chorley Guardian in September, said: “Examples of previously overturned Section 39 orders in McNae’s in similar cases cite an 18-month old girl and an 11-month old baby.

“But with the eldest child now aged five and having just started primary school, I thought it was a 50-50 decision.

“The judge took representations from the prosecuting solicitor, Richard Bennett, who argued lifting the Section 39 order would have a negative effect on the eldest child, however the judge found in my favour.

“It was quite nerve racking having to make my representations to the judge and I was both delighted and surprised to get it lifted.”

Lancashire Telegraph group editor Kevin Young said: “It is to Sam’s immense credit that he got this order lifted, particularly as he was the only journalist alongside national colleagues to make an application.

“He produced a succinct and persuasive note which ensured Stevenson could be rightly named and shamed for her, in the judge’s words, ‘complete dereliction of duty’.”