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Crime

Reporting restriction - Breach - Newspaper editor charged with publishing report in contravention of reporting restrictions made in respect of child victim - Whether editor "any person who publishes" for purpose of offence - Children and Young Persons Act 1933, s 39(2) Aitken v Director of Public Prosecutions [2015] EWHC 1079 (Admin); [2015] WLR (D) 184

12 May 2015

DC: Bean LJ, William Davis J, Warby J

• 23 April 2015

The editor of a newspaper did not as a matter of law fall outside the scope of the expression "any person who publishes" for the purposes of the offence of publishing information likely to lead to the identification of a child witness/victim in criminal proceedings, contrary to section 39(2) of the Children and Young Persons Act 1933.

The Divisional Court of the Queen's Bench Division so held in dismissing the appeal of the defendant, Brian Aitken, by way of case stated against his conviction of an offence contrary to section 39(2) of the 1933 Act, following his plea of guilty after a ruling by District Judge Earl made at the Newcastle-upon-Tyne Magistrates' Court on 24 September 2014 that section 39(2) was capable of embracing not just the publishing company but also others r...

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