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17 April 2014
Issue: 7603 / Categories: Case law , Law reports , In Court
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Children and young persons—Court proceedings

R (on the application of JC and another) v Central Criminal Court [2014] EWHC 1041 (Admin), [2014] All ER (D) 53 (Apr)

Queen’s Bench Division, Divisional Court, Sir Brian Leveson P, Cranston and Holroyde JJ, 8 Apr 2014

An order made by any court under s 39 of the Children and Young Persons Act 1933 (CYPA 1933) cannot extend to reports of the proceedings after the subject of the order has reached the age of majority at 18.

Joel Bennathan QC (instructed by Straw & Pearce, Loughborough) for the claimants. The defendant did not appear and was not represented. Max Hill QC (instructed by the Crown Prosecution Service, London) for the first interested party. Gavin Millar QC (instructed by the BBC Litigation Department) for the second interested party. Ian Wise QC and Maria Roche (instructed by Just for Kids Law) for the intervener.

In 2013, the claimants JC and RT, then 17 years of age, pleaded guilty to an offence in early 2012

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Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
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