C v Crown Prosecution Service
The Magistrates' and Crown Court orders restricting publication were made without jurisdiction. No exceptional circumstances exist to justify restriction under the court's inherent jurisdiction. The balance between Article 8 and Article 10 ECHR firmly favours lifting all reporting restrictions.
- Parties
- Appellant: C; Respondent: Crown Prosecution Service; Interested Party: Media Applicants
- Jurisdiction
- England and Wales
- Judgment Date
- 08 February 2008
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Reporting restrictions lifted; no further order made.
- Legal Topics
- Reporting Restrictions, Open Justice, Children's Rights, Privacy, Article 8 ECHR, Article 10 ECHR
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
C
Appellant
Crown Prosecution Service
Respondent
Media Applicants
Interested Party
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether reporting restrictions under Section 39(5) Children and Young Persons Act 1933 were validly imposed
- 2 Whether the court should exercise its inherent jurisdiction to restrict publication of proceedings
- 3 Balancing Article 8 (right to private and family life) and Article 10 (freedom of expression) ECHR
Ratio Decidendi
The Magistrates' and Crown Court orders restricting publication were made without jurisdiction. No exceptional circumstances exist to justify restriction under the court's inherent jurisdiction. The balance between Article 8 and Article 10 ECHR firmly favours lifting all reporting restrictions.
Court Disposition
Reporting restrictions lifted; no further order made.
Orders
- Interim order lifted.
- No reporting restriction imposed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment