R v Lucy Letby

R v Lucy Letby

Reporting directions under sections 45 and 46 of the Youth Justice and Criminal Evidence Act 1999 are justified and necessary to protect the welfare and privacy of child victims and witnesses, and their families, outweighing the public interest in open justice and media reporting. The restrictions are proportionate and comply with statutory requirements.

Parties
Defendant: Lucy Letby; Prosecution: The Prosecution; Interested Party: Media group
Jurisdiction
England and Wales
Judgment Date
21 December 2020
Procedural Posture
Criminal / Ruling on Application for Reporting Restrictions
Outcome
Reporting restrictions maintained and extended; draft order circulated for finalisation.
Legal Topics
Reporting Restrictions, Open Justice, Anonymity Orders, Youth Justice, Witness Protection
Criminal Law Media Law Human Rights Reporting Restrictions Open Justice Anonymity Orders Youth Justice Witness Protection

Case Brief

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Parties

Lucy Letby

Defendant

The Prosecution

Prosecution

Media group

Interested Party

Procedural Posture

Criminal / Ruling on Application for Reporting Restrictions

Legal Issues

  1. 1 Whether reporting restrictions under sections 45 and 46 of the Youth Justice and Criminal Evidence Act 1999 should be maintained or varied
  2. 2 Whether additional reporting directions should be made to protect identities of victims, witnesses, and their families
  3. 3 Balancing open justice and freedom of expression against privacy and welfare interests

Ratio Decidendi

Reporting directions under sections 45 and 46 of the Youth Justice and Criminal Evidence Act 1999 are justified and necessary to protect the welfare and privacy of child victims and witnesses, and their families, outweighing the public interest in open justice and media reporting. The restrictions are proportionate and comply with statutory requirements.

Court Disposition

Reporting restrictions maintained and extended; draft order circulated for finalisation.

Orders

  • Reporting directions under s.45 YJCEA prohibiting publication of any matter likely to identify nine living child victims as persons concerned in the proceedings.
  • Reporting directions under s.46 YJCEA prohibiting publication of any matter likely to identify parent witnesses as witnesses in the proceedings, including names, addresses, places of work, and still or moving pictures.