Anonymity

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.1

In court, anonymity is protected by reporting restrictions. There is an automatic ban on the identification of children in youth court proceedings.2 In the adult magistrates’ court and Crown Court, a judge will decide whether to grant anonymity.3 Criminal trials will usually take place in open court with the public knowing as much as possible about the case but there are special considerations in relation to children.

“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.”4

The court must consider:

• the welfare of the child5
• the child’s best interests as a primary consideration6
• the child’s right to privacy in legal proceedings7
• the public interest in knowing the identity of the offender8

In civil and family proceedings, the courts have the discretion to grant anonymity.9 The courts also have the power to grant anonymity or restrict reporting in relation to Anti-Social Behaviour Orders, Criminal Behaviour Orders and Anti-Social Behaviour civil injunctions.10