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, Z, and the victim, A, would be significantly harmed by publication of Z's identity, outweighing the public interest in open justice at this stage. The reporting restriction under section 45 YJCEA 1999 should remain in place until Z turns 18.

Citation
[2016] EWHC 3728 (QB)
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 to lift reporting restriction refused; reporting restriction maintained.
Legal Topics
Attempted Murder, Reporting Restrictions, Anonymity of Juvenile Defendants, Open Justice, Sentencing of Young Offenders
Criminal Law Media Law Youth Justice Attempted Murder Reporting Restrictions Anonymity of Juvenile Defendants Open Justice Sentencing of Young Offenders

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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 reporting restrictions under section 45 of the Youth Justice and Criminal Evidence Act 1999 to allow identification of a juvenile defendant convicted of attempted murder
  2. 2 Balancing open justice against the welfare of the juvenile defendant and the victim

Ratio Decidendi

The welfare of the juvenile defendant, Z, and the victim, A, would be significantly harmed by publication of Z's identity, outweighing the public interest in open justice at this stage. The reporting restriction under section 45 YJCEA 1999 should remain in place until Z turns 18.

Court Disposition

Application to lift reporting restriction refused; reporting restriction maintained.

Orders

  • Reporting restriction under section 45 YJCEA 1999 to remain in force prohibiting publication of any information likely to identify Z until she turns 18.
  • No separate penalty on count of possession of knife on school premises.