Anonymity in criminal cases means someone’s name, address, photograph and other information that might identify them (such as their school or place of work) is not revealed in the newspapers, on television or on the internet.
In court, anonymity is protected by reporting restrictions. There is an automatic ban on the identification of children in youth court proceedings.
“Because the defendant is a child … his or her future progress may well be assisted by restricting publication. Publication could well have a significant effect on the prospects and opportunities of the young person, and, therefore, on the likelihood of effective integration into society. Identifying a defendant in the media may constitute an additional and disproportionate punishment on the child or young person. In rare cases … the child or young person may be at serious personal risk if identified.”
The court must consider:
- the welfare of the child
- the child’s best interests as a primary consideration
- the child’s right to privacy in legal proceedings
- the public interest in knowing the identity of the offender
In civil and family proceedings, the courts have the discretion to grant anonymity.