Jolleys (Ex Parte Press Association), R v [2013] EWCA Crim 1135 (27 June 2013)

Jolleys (Ex Parte Press Association), R v [2013] EWCA Crim 1135 (27 June 2013)

A section 39 order cannot be made in respect of a child who is not a victim, defendant, or witness in the proceedings; the Recorder had no power to make the order in respect of the defendant's son. The press must be given an opportunity to make representations before such an order is made.

Citation
[2013] EWCA Crim 1135
Parties
Prosecution: Regina; Defendant: Robert Jolleys; Applicant: Press Association
Jurisdiction
England and Wales
Judgment Date
27 June 2013
Procedural Posture
Criminal Appeal / Appeal Against Reporting Restriction Order
Outcome
appeal allowed
Legal Topics
Reporting Restrictions, Open Justice, Children and Young Persons Anonymity, Section 39 Children and Young Persons Act 1933, Criminal Procedure Rules
Criminal Law Media Law Child Law Reporting Restrictions Open Justice Children and Young Persons Anonymity Section 39 Children and Young Persons Act 1933 Criminal Procedure Rules

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Parties

Regina

Prosecution

Robert Jolleys

Defendant

Press Association

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Reporting Restriction Order

Legal Issues

  1. 1 Whether the Recorder had power under section 39 of the Children and Young Persons Act 1933 to make a reporting restriction order in respect of the defendant's child who was not a victim, defendant, or witness in the proceedings.
  2. 2 Whether the press was denied the opportunity to make representations before the order was made, contrary to the Criminal Procedure Rules.

Ratio Decidendi

A section 39 order cannot be made in respect of a child who is not a victim, defendant, or witness in the proceedings; the Recorder had no power to make the order in respect of the defendant's son. The press must be given an opportunity to make representations before such an order is made.

Court Disposition

appeal allowed

Orders

  • the reporting restriction order made by the Recorder is discharged