ITN News & Ors v R

ITN News & Ors v R

The reporting restriction order was lawfully made under s.46 of the Youth Justice and Criminal Evidence Act 1999 because the eligibility test was satisfied; publication of photographs would likely diminish the quality of the witness's evidence due to her fear of identification, and the order was limited to what was necessary. The fact that the witness was already publicly identified did not preclude the making of the order.

Parties
Appellants: ITN News and Others; Defendant: R; Intervener (mother): Lisa Willis; Intervener: Derby City Council (on behalf of the Children)
Jurisdiction
England and Wales
Judgment Date
21 May 2013
Procedural Posture
Criminal Appeal / Appeal Against Reporting Restriction Order
Outcome
Appeal dismissed
Legal Topics
Reporting Restrictions, Witness Protection, Open Justice, Special Measures, Freedom of Expression, Right to Privacy
Criminal Law Media Law Human Rights Reporting Restrictions Witness Protection Open Justice Special Measures Freedom of Expression +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

ITN News and Others

Appellants

R

Defendant

Lisa Willis

Intervener (mother)

Derby City Council (on behalf of the Children)

Intervener

Procedural Posture

Criminal Appeal / Appeal Against Reporting Restriction Order

Legal Issues

  1. 1 Whether the Crown Court had jurisdiction under s.46 of the Youth Justice and Criminal Evidence Act 1999 to make a reporting restriction order prohibiting publication of photographs of a witness and her children
  2. 2 Whether the order was appropriate given the prior public identification of the witness
  3. 3 Whether the order imposed a substantial and unreasonable restriction on reporting contrary to the public interest

Ratio Decidendi

The reporting restriction order was lawfully made under s.46 of the Youth Justice and Criminal Evidence Act 1999 because the eligibility test was satisfied; publication of photographs would likely diminish the quality of the witness's evidence due to her fear of identification, and the order was limited to what was necessary. The fact that the witness was already publicly identified did not preclude the making of the order.

Court Disposition

Appeal dismissed

Orders

  • Reporting restriction order under s.46 of the Youth Justice and Criminal Evidence Act 1999 upheld
  • Leave to appeal under s.159(1)(c) of the Criminal Justice Act 1988 granted