Jolleys (Ex Parte Press Association), R v

Jolleys (Ex Parte Press Association), R v

Section 39 does not extend to children merely affected by proceedings; it applies only to those who are victims, defendants, or witnesses. The Recorder erred in making the order without proper legal basis and without allowing the press to make representations.

Parties
Applicant: Press Association; Respondent: Crown; Defendant: Robert Jolleys
Jurisdiction
England and Wales
Judgment Date
27 June 2013
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Reporting Restrictions, Open Justice, Children and Young Persons Anonymity
Criminal Law Media Law Child Protection Reporting Restrictions Open Justice Children and Young Persons Anonymity

Case Brief

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Parties

Press Association

Applicant

Crown

Respondent

Robert Jolleys

Defendant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether section 39 of the Children and Young Persons Act 1933 applies to the minor child of the defendant who is not a victim, defendant, or witness
  2. 2 Whether the Recorder had power to make a reporting restriction order under section 39
  3. 3 Whether the press was denied the opportunity to make representations before the order was made

Ratio Decidendi

Section 39 does not extend to children merely affected by proceedings; it applies only to those who are victims, defendants, or witnesses. The Recorder erred in making the order without proper legal basis and without allowing the press to make representations.

Court Disposition

appeal allowed

Orders

  • The reporting restriction order made by the Recorder is discharged.