Family Solicitors

Weekly newspaper the North Devon Journal has been fined after it identified a minor in a story, in breach of a discretionary Section 39 order.

Under Section 39 of the Children and Young Persons Act 1933, the identity of children involved in court cases is protected – including journalists not reporting any details or publishing images which might identify a child in a case.

In criminal cases, minors who are charged with offences cannot be named under Section 49 of the Children and Young Persons Act 1933, unless the court lifts restrictions on naming them. This may sometimes happen in cases if naming a defendant is considered in the public interest, or if naming the defendant is in their interest – for example, if it might encourage witnesses to come forward.

Details of cases heard in the Family Division of the Court or in the Court of Protection also remain anonymous to protect the identity of any minors involved.

On Monday at Taunton Magistrates’ Court, the North Devon Journal was fined £750 after admitting breaching a Section 39 order.

Another charge of contempt of court against the editor of the journal was dropped by the Crown Prosecution Service (CPS) last week.

The publisher of the newspaper – Devon & Cornwall Media – said that the breach had occurred as the result of a “one-off” human error.

Managing director Mark Sainsbury added:

“We have admitted our mistake and the editor has implemented a series of measures to make sure this never happens again.”

Duncan Lewis Childcare Solicitors

Duncan Lewis is a leading firm of childcare and children law solicitors and can advise families on court cases involving childcare, including:

• Child abuse
• Child abduction
• Child contact and residence
• Children taken into Local Authority care
• Court of Protection.

For expert legal advice on childcare and children law, contact Duncan Lewis childcare solicitors on 020 7923 4020.