Anonymity Flashcards
What is section 4(2) of the contempt of court act 1981?
A court has the power to order the postponement of publication of reports of a court case, or any part of a case, where doing so appears necessary to avoid a substantial risk of prejudice to the administration of justice in that case or any other case which is pending or imminent.
Do adult witnesses get lifetime anonymity?
section 46 of the youth justice and criminal evidence act 1999 say that a court can order that an adult witness has lifetime anonymity if the court is satisfied that the quality of his/her evidence is likely to be diminished by fear/distress in connection with being identified as a witness and if granting anonymity is likely to improve the quality of witnesses evidence or the level of his/her cooperation.
- can’t publish name and address, any educational establishment he/she attends, where they work or any pic of them.
- a prosecution breach has a defence if he was not aware that the publication included the matter in question or that the witness concerned gave written consent for it to be published.
Explain section 19 of the youth justice and criminal evidence act 1999 and special measures
- allows courts to make a special measures direction in cases involving vulnerable or intimidated witnesses e.g. Letting witness speak behind a screen, video link, having lawyers and judges remove wigs and gowns.