THE EDITOR of The Ceredigion Herald appeared in court today (Apr 20) charged with breaching a statutory reporting restriction.
Thomas Hutton Sinclair, the 37-year-old editor of the Herald titles, was on trial for allegedly identifying the complainant in a sexual offence case.
Appearing in Llanelli Magistrates’ Court, Mr Sinclair maintained his not guilty plea.
Prosecuting, Emma Myles told the court that the allegation related to an article published in the Ceredigion Herald in 2016.
“The court will be aware that under the provision of the 1992 sexual offences act the complainant has a right to anonymity,” Ms Myles said.
“It is the Crown’s submission that this falls foul of the wording of this act.”
All written statements were accepted by the defence, and the case hinged on whether the article in question breached the Act in question or not.
The court heard from the record of a police interview with Herald deputy editor Jon Coles, in which he stated that he had received the court report in question from a Herald court reporter, and changed the tense from present to past, as well as fixing some errors.
Describing Mr Sinclair as ‘a hands-on editor’, he added that Mr Sinclair had the final word over what was published. Mr Coles stated that in this instance he had not been instructed to check whether the content complied with the law, though on some occasions he carried out this task when asked.
In an informal interview last year, Mr Sinclair told police that he had held the role of editor since 2013, although his training was in law not journalism.
He added that as a total of around 1,200 articles were published over the four titles each week, it was ‘impossible’ to edit all of them, and some of this work was referred to the deputy editor. In this case he had not seen the article until it was brought to his attention by the police.
When asked his opinion on whether the article breached reporting restrictions, Mr Sinclair replied that it ‘sailed close to the wind’ but would not allow members of the public in general to identify the complainant.
He pointed out that the defendant in the original case had ‘a common surname’ and that The Herald had not reproduced his address.
When asked if he would have changed anything had he edited the article himself, Mr Sinclair suggested that he may have taken out details of the defendant’s occupation.
However, he maintained that ‘any member of the general public would not be able to piece together who the complainant is’.
He also noted that the reporter who wrote the article had just been coming to the end of a probationary period at the time, and that his staff had already been booked onto a media law course.
Summing up, Ms Myles said that it was the Crown’s submission that by publishing this article, Mr Sinclair had breached legislation specifically aimed at that type of case.
“I respectfully submit that the legislation must be stringently applied,” she added, stating that details of the relationship between the complainant and the defendant in the original case which were published breached the legislation.
Representing Mr Sinclair, Matthew Paul set out the information revealed in the article – the name, age and former occupation of the convicted party, along with the date of conviction and a familial relationship which had existed at some point between him and the complainant. However, he noted that the date of the offence and the defendant’s address had not been included, and no indication had been given as to the age of the complainant.
His argument was that in this case there was nothing in the article which would allow any member of the public not closely connected with the convicted party or the complainant to make any identification.
Mr Paul stressed that for a conviction, it had to be demonstrated that there was a real, rather than a hypothetical risk of identification.
Referring to the case of the Attorney General vs Greater Manchester Newspaper Group he noted that it had been found that the risk of identification was not based on relative statistical probability but ‘a real risk’.
“The Crown has to establish more than a hypothetical, but a material risk,” he added.
Mr Paul noted that the Crown appeared to be of the position that placing the complainant in a ‘pool of potential victims’ was the same as identifying them.
“Identifying, in my submission, must mean only one thing; it must lead to one person.”
Mr Paul added that the familial relationship mentioned could apply to more than one person, and that there was nothing in the report which suggested whether it was an historical or recent offence.
He suggested that the most the article could lead to, if read by someone familiar with the convicted party and/ or complainant, would be to place them in a ‘small pool’ of potential people.
He also noted that this small risk of identification was made even smaller by the Ceredigion Herald’s circulation figures at this time, which amounted to a relatively small percentage of the county buying a copy, and the fact that the story was not placed online.
“Right from the start you are dealing with a low-level risk, made even smaller by the fact that the date of the offence was not mentioned,” he added.
“Overall, you are looking at whether this report would lead members of the public to identify the complainant – it is my submission that it would not.”
District Judge David Parsons reserved judgement until May 12 at Llanelli Magistrates’ Court.
Those eligible for the Spring Covid-19 booster should get jabbed by end of June
ALL those eligible for the Spring Covid-19 booster are being urged to take up their offer of the vaccine before the end of next month.
A deadline of 30 June has been introduced to ensure all those eligible for the spring booster will have a long-enough interval between this and the autumn 2022 booster, if they are also eligible.
An announcement by the Joint Committee on Vaccination and Immunisation (JCVI) about which groups will be eligible for the autumn booster is due to be published shortly.
The JCVI has advised that people over-75, older care home residents and all those aged 12 years and over who are immunosuppressed are eligible for the spring booster.
Those who are 75 on or before 30 June, can get their booster at any point up to the deadline.
Health Minister Eluned Morgan said: “It is important we continue our very high take up levels of the vaccine to help protect us against the risk of serious illness from Covid-19. I would urge everyone who is offered a spring booster vaccination takes up the invitation.”
If someone eligible for a spring booster has had a Covid infection recently, they will need to wait 28 days from the date they tested positive before they can be vaccinated. They will still be able to get vaccinated after 30 June as part of this campaign if they have to postpone their appointment.
All those eligible for spring boosters will be invited by their health board or GP.
It is not too late for anyone who needs a primary dose (first, second or third) to be vaccinated.
Please check for local arrangements.
Young people in Wales being failed when moving from child to adult mental health services
MENTAL HEALTH SERVICES are failing young people when they move from child to adult services, says a mental health charity.
Mind Cymru is calling for Welsh Government to make urgent changes to improve the system.
Nia Evans, Children and Young People Manager at Mind Cymru, said: “Young people have told us that their needs, thoughts, and feelings about moving to adult services are often unheard, or ignored.
“Welsh Government must support Local Health Boards to make sure this doesn’t happen, change the way services are run and make sure our young people are being heard and properly cared for.”
Mind Cymru has published a report, in ate the result of interviews with young people about their experiences of moving from Specialist Child and Adolescent Mental Health Services – (SCAMHS) to AMHS.
They highlighted five key areas where services are failing young people:
– Poor information offered to young people, particularly on their rights
– Inconsistent use and follow through of care and treatment plans
– High thresholds for SCAMHS and AMHS referrals to be accepted
– Feeling abandoned / cut off from SCAMHS
– Age still dominates decision making process for moving from SCAMHS to AMHS
Nia Evans said: “Any one of these issues could make the process of moving from children’s services to adult services difficult for our young people. But often, more than one is happening at any one time.”
“Our young people have a right to care and support from a mental health system that has been put in place to help them recover. Action must be taken immediately to make sure support systems are robust and doing the job they were designed to do.”
Mind Cymru is asking people to email their Member of the Senedd (MS) and amplify the voices of these young people whose experiences are often unheard, and use the #SortTheSwitch hashtag on social media.
The full report is available here, including what a good move from SCAMHS to AMHS would look like for young people, and where the current system could improve.
Average UK price of diesel hits record of more than £1.80 a litre
LESS than two months after Chancellor Rishi Sunak announced a 5p a litre cut on the average price of fuel – diesel prices have reached a record high price of 180.29p a litre.
The previous high of 179.90p was recorded on March 23rd 2022 – the day of the Spring Statement from Sunak.
In recent weeks, the UK government has tried to move away from its reliance on importing Russian oil, following President Putin’s invasion of Ukraine.
Worryingly for drivers of petrol cars, the price per litre is fast approaching the record levels of 167.3p per litre set on March 22nd.
This latest price rise adds another challenge to UK households, as the cost of living crisis continues to impact families across the country.
RAC fuel spokesperson Simon Williams said: “Sadly, despite the Chancellor’s 5p a litre duty cut the average price of a litre of diesel has hit a new record high at 180.29p.”
“Efforts to move away from importing Russian diesel have led to a tightening of supply and pushed up the price retailers pay for diesel.”
“While the wholesale price has eased in the last few days this is likely to be temporary, especially if the EU agrees to ban imports of Russian oil.”
“Unfortunately, drivers with diesel vehicles need to brace themselves for yet more pain at the pumps. Had Mr Sunak reduced VAT to 15% as we call on him to do instead of cutting duty by 5p, drivers of diesel vehicles would be around 2p a litre better off, or £1 for every full tank.”
“As it is, drivers are still paying 27p VAT on petrol and 29p on diesel, which is just the same as before the Spring Statement.”
“The average price of petrol is also on the rise having gone up nearly 3p a litre since the start of the month to 166.65p which means it’s less than a penny away from the all-time high of 167.30p set on 22 March.”
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