R v Z [2016] EWHC 3728 (QB) (22 December 2016)

R v Z [2016] EWHC 3728 (QB) (22 December 2016)

The welfare of the juvenile defendant, including the risk to her rehabilitation and psychological health, outweighs the public interest in open justice in this case. Additionally, identification of the defendant would likely lead to identification of the victim, causing further psychological harm. Therefore, the reporting restriction should remain in place.

Citation
[2016] EWHC 3728
Parties
Prosecution: R; Defendant: Z; Applicant (media): News Group Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
22 December 2016
Procedural Posture
Criminal / Post Conviction, Sentencing, and Media Application to Lift Reporting Restrictions
Outcome
Application refused
Legal Topics
Attempted Murder, Reporting Restrictions, Anonymity Orders, Youth Offenders, Open Justice
Criminal Law Media Law Youth Justice Attempted Murder Reporting Restrictions Anonymity Orders Youth Offenders Open Justice

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Parties

R

Prosecution

Z

Defendant

News Group Newspapers Ltd

Applicant (media)

Procedural Posture

Criminal / Post Conviction, Sentencing, and Media Application to Lift Reporting Restrictions

Legal Issues

  1. 1 Whether to lift the reporting restriction under section 45 of the Youth Justice and Criminal Evidence Act 1999 to allow identification of a juvenile defendant convicted of attempted murder.

Ratio Decidendi

The welfare of the juvenile defendant, including the risk to her rehabilitation and psychological health, outweighs the public interest in open justice in this case. Additionally, identification of the defendant would likely lead to identification of the victim, causing further psychological harm. Therefore, the reporting restriction should remain in place.

Court Disposition

Application refused

Orders

  • Reporting restriction under section 45 YJCEA 1999 to remain in place; prohibition on publication of the defendant's identity, school, and under-18 witnesses continues.