Mr Justice Paul Maguire, sitting in the High Court in Belfast, said the boy had an arguable case that the Department’s failure to implement legislation had breached his right to privacy.

Lawyers acting for the boy say he was named by media outlets following his arrest earlier this year because Stormont has so far failed to give the commencement order for Section 44 of the Youth Justice and Criminal Evidence Act 1999.

Ronan Lavery QC earlier told the court that it was irrational to deny the boy the same protection given to minors once they are charged with an offence.

Aidan Sands, representing the Department of Justice, said there had been no public push to implement the law since justice was devolved in 2010.

He told the court: “In those five years, to the best of the Department’s knowledge, this matter has never been raised as an issue.”

The case will proceed to a full hearing on a date to be fixed next year.