Tag: Anonymity

This case is the most recent in an increasingly long line of authorities considering the UK’s international obligations to victims of trafficking who are forced to commit crimes integral to their trafficked status. The obligations derive from the Council of European Convention on Action Against Trafficking in Human Beings 2005, and from the EU Directive 2011/36 on Preventing and Combating Trafficking in Human Beings, and are now reflected in the Modern Slavery Act 2015.

In 2009 parties A and B were convicted of offences which caused public outrage. The original case was known as the ‘Eddlington’ case. The case brought before Sir Geoffrey Vos in the High Court was an application for a permanent order restraining the press and all other persons from publishing A and Bs names or identities following their 18th birthdays. There are limited cases of this nature therefore the outcome and the clarification of points relating to human rights and public protection are important.

The anonymity of children has been protected in two recent high profile cases, highlighting the increasing recognition by courts of the impact media has on children’s welfare.

The Judicial College have published their updated Reporting Restrictions in the Criminal Courts. The guidance by the Judicial College, Media Lawyers Association, News Media Association and Society of Editors was published in April 2015 (and revised in May 2016).

On 7th April 2016, Mr Justice Globe of Leeds Crown Court passed sentences on two girls, F and D, convicted of the murder of Angela Wrightson. In his decision, Justice Globe also had to consider whether to grant anonymity to F and D following an application by the media to lift reporting restrictions preventing identification of the girls.

The Supreme Court in R (on the application of C) (Appellant) v Secretary of State for Justice (Respondent) [2016] UKSC 2 [2014] considered whether to grant anonymity to a mentally ill man, known as ‘C’.

The Standing Committee for Youth Justice (SCYJ) has launched a new resource for Youth Offending Teams (YOTs) on anonymity for children in trouble with the law, to help ensure the YOTs views are heard in court.

The CPS have updated their Reporting Restrictions Guidance for Children and Young People as Victims, Witnesses and Defendants.

The Judicial College has recently issued a Supplementary Note to Reporting Restrictions in the Criminal Courts April 2015: Children and Young People, 30 July 2015.

This was an appeal from the Divisional Court of Northern Ireland. The child, known as JR38, argued that publication of photographs of him constituted a breach of his article 8 rights. The Supreme Court dismissed the appeal. The court considered whether his article 8 right to a private life was engaged.

Reporting restrictions for under 18 year olds involved in criminal proceedings (other than in the youth court) will now be governed by section 45 Youth Justice and Criminal Evidence Act 1999.

The judgment of the Court of Appeal rejecting the appeal of JC and RT states that any section 39 order (reporting restrictions for children involved in criminal proceedings) will “expire” on the recipient’s 18th birthday.