R (JC and RT) v Central Criminal Court and Ors [2014] EWCA Civ 1777 – S 39 CYPA – Articles 8 and 10 ECHR.
1) statutory interpretation involves construing and giving first consideration to the language of the provision and its perceived objective purpose.
- only Parliament can legislate to provide a different meaning.
2) the language of s 39 CYPA restricts the reach of a no publicity direction to a child or young person and once the subject is no longer a young person the direction is spent.
3) a provision which creates a criminal offence is to be construed not necessarily restrictively but at least conservatively unless there is a pressing greater imperative.
4) the purpose of s 39 was manifestly to protect children and young persons from the deleterious effects of publication.
- the purpose was not to protect adults.
5) the purpose of s 39 was not the social good of rehabilitation.
- court has to balance the competing forces of Articles 8 and 10 ECHR, and also the common law principle of open justice, on the conventional construction.
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Related case digests
- R (JC and RT) v Central Criminal Court and Ors [2014] EWHC 1041 (Admin) – S 39 CYPA.
- longevity of no publicity order re a child or young person. - an order under s 39 CYPA cannot extend to reports of the proceedings after the subject is 18.