Protecting victims and others involved in trials

12th November 2015

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.

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.

Children

Section 49 Children and Young Persons Act 1933 – provides anonymityMedia must not publish name, address, school or photograph of

child involved in proceedings.

Restrictions LiftedTo avoid injusticeTracing a child suspect or convicted childPublic interest

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

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.

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

Rape and Sexual Offences

John Leslie

(Toby Williams)

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

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.

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.