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Protecting victims and others involved in trials 12 th November 2015.

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Presentation on theme: "Protecting victims and others involved in trials 12 th November 2015."— Presentation transcript:

1 Protecting victims and others involved in trials 12 th November 2015

2 Open Justice/Open Access Justice is not only done, but seen to be done. Scott v Scott (1913). Witnesses more likely to be truthful. Understanding of courts and the judicial system is enhanced.

3 Judicial Hearings in private Where the process of justice may be frustrated. When there is a risk of the object of the proceedings being defeated. When vulnerable people are involved.

4 Children Section 49 Children and Young Persons Act 1933 – provides anonymity Media must not publish name, address, school or photograph of child involved in proceedings. Restrictions Lifted To avoid injustice Tracing a child suspect or convicted child Public interest

5 Children Section 39 Children and Young Persons Act 1933 – anonymity in adult courts. NB – new provisions have recently come in to replace section 39 Section 44 Youth Justice and Criminal Evidence Act 1999

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7 Children Section 45 Youth Justice and Criminal Evidence Act 1999 – court has discretion to order reporting restrictions on children when court proceedings begin. Section 45A – Court has discretion to make lifetime anonymity order in respect to child witnesses or victims.

8 Rape and Sexual Offences Reporting restrictions provided by the Sexual Offences (Amendment) Act 1992 as amended by the Sexual Offences Act 2003. Section 1 – 1992 Act prohibits identification through publication. Section 3 – Request to lift anonymity R v Arthur Hutchinson (1985) Victim may consent to anonymity being lifted

9 Rape and Sexual Offences John Leslie (Toby Williams)

10 Jigsaw Identification Editors Code of Practice – Clause 11 – Victims of sexual assault. ‘The press must not identify victims of sexual assault or publish material likely to contribute to such identification unless there is adequate justification and they are legally free to do so.’ IPSO Complaints Committee 03568-15 – A man v Surrey Advertiser OFCOM Broadcasting Code

11 Family Law court cases Family Procedure Rules 2010 bar the public from attending cases involving children, but allow journalists to attend. Section 97 Children Act 1989 – restricts information that may be published relating to child cases. Section 97(4) – anonymity can be lifted by the court if the child’s welfare requires it.

12 Photography and recording Section 41 – Criminal Justice Act 1925 – prohibits photography, filming and sketching in court Section 9 – Contempt of Court Act 1981 – contempt to use a tape recorder Constitutional Reform Act 2005 allowed for Supreme Court cases to be broadcast. Court of Appeal cases can now be broadcast.


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