Presentation on theme: "Discretionary (almost always imposed) anonymity order on any under 18 year old in adult court. Witness/defendant/victim. Order invalid when they reach."— Presentation transcript:
Discretionary (almost always imposed) anonymity order on any under 18 year old in adult court. Witness/defendant/victim. Order invalid when they reach 18 th birthday Automatic anonymity in youth court. Can be lifted in 3 circumstances Challenge if passed: Passed on adult (illegal) When child’s name already in public. i.e. defendant who boasted of actions on FB To spare adult defendant’s children from embarrassment on child ‘not involved in proceedings’ on v young child on dead child To avoid injustice If young person ‘unlawfully at large’ charged with/convicted of violent/sexual offence which carries long jail term. In public interest Notorious Crime Under Crime act 1997 Persistent Offender Appeal for witnesses Confirm alibi
Section 46 Gives court’s power to grant anonymity to adult witness for their lifetime Must be genuine ‘fear or distress’ to extent, no anonymity = no co-operation with court i.e. wouldn’t give evidence, or quality of evidence would be affected ‘Fear or distress’ should not be used to cover embarrassment or disinclination to give evidence
Can ban media from reporting person’s name, address, or other info. Often used in cases of: Blackmail To protect person from attack National security Commercially sensitive information Section 11 Can challenge if: Name/details have been mentioned in open court proceedings Necessary for justice to be done Made for ’comfort and feelings” of defendant i.e. Evesham Justices Must be real and immediate risk to their safety (media entitled to ask to see evidence) Section 4(2) Postponing order Can postpone report of whole trial or parts of it Used to avoid prejudice in upcoming proceedings against same defendant or the same gang/incident Risk of prejudice must be substantial Can’t be used to stop reporting of proceedings outside courtroom i.e. defendants escaped and on the run.
Rare occasions to lift anonymity By court order at the request of the defendant to induce witnesses to come forward By court order to avoid ‘substansial and unreasonable restrictions on reporting’ in the public interest If the victim, over 16 and in writing, gives consent. Nobody must have interfered with his/her ‘peace or comfort’ to gain this waiver