The fight for open justice - why the Guardian challenged a reporting restriction

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The case of Jonjo Elswaino at Notts Crown Court this week had a reporting restriction in place. Under section 39 of the Children and Young Persons Act 1933, the identity of a defendant under the age 18 cannot be revealed by the press.

The legislation states that no name, address, school, college, picture or any other particulars that may lead to someone’s identity being released into the public must not be reported.

However, in exceptional circumstances, this order can be challenged - which is exactly what the Worksop Guardian did.

This newspaper felt that it was in the public interest and challenged the order. Judge Michael Pert QC lifted the restriction after careful consideration.