Practice and Procedure

R (on the application of Y) (Claimant) v (1) AYLESBURY CROWN COURT (Defendants) & (1) CROWN PROSECUTION SERVICE (2) NEWSQUEST MEDIA GROUP LTD (Interested Parties) (2012)

PUBLISHED May 1, 2012

[2012] EWHC 1140 (Admin)

A decision to vary reporting restrictions in relation to a young offender pursuant to the Children and Young Persons Act 1933 s.39 was quashed as the proper test had not been applied and inadequate reasons had been given to justify the variation. In deciding whether to impose reporting restrictions under s.39, a court had to balance the welfare of the child, the public interest and the requirements of the European Convention on Human Rights 1950 art.10, and to restrict publication if the factors were evenly balanced.

QBD (Admin) (Hooper LJ, Griffith Williams J, Singh J)