ANONYMITY LAWS AND ORDERS

Question 1

CONTEMPT OF COURT ACT 1981

Answer 1

Section 11 Order

• Applies lifelong anonymity by banning publication of a name, or any other identifying information, in connection with the proceedings such as blackmail.
• There must be a ‘real and immediate risk’ to someone’s safety
• Protecting victims/possible victims of blackmail, person at risk of harm, commercially sensitive info, national security

Section 4(2) Order

• is a reporting postponement order. It temporarily postpones/bans reporting of proceedings – for example, a criminal trial.
• Order must state when ban ends
• VALID use example: to prevent a substantial risk of prejudice or impediment to a trial which is due to take place after the current one for which S4(2) is sought

Question 2

CHILDREN AND YOUNG PERSONS ACT 1933

Answer 2

Section 47 Order

• Automatically in place in youth court – allows bona fide representative of the media to attend and report from Youth Court. Public not allowed in youth court.
• Automatic anonymity order, come into force as soon as a complaint is made or a case appears in court

Section 49 Order

• Gives automatic anonymity to juveniles concerned in the proceedings of a Youth Court.
• Rule of 5
• Can be offender, accused or witness

Section 39 Order

• Bans identification of juveniles who are concerned in civil court proceedings – e.g. Inquests
• Cannot be made against someone who is not concerned in the proceedings
• Them being mentioned in case does not necessarily make the concerned in the proceedings
• Someone who is dead cannot be concerned in proceedings
• Cannot give anonymity to adult
• Cannot be made in relation to living juvenile if they are deemed too young to be affected by reporters or proceedings e.g. baby or toddler

Question 3

YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999

Answer 3

Section 45 Order

• Anonymity to a juvenile who is concerned in proceedings in adult court
• Actively made
• Ends when they turn 18

Section 45(A) Order

• An order which when made, gives LIFELONG anonymity to a juvenile witness or a juvenile victim (NOT DEFENDANT)
• Had to be actively made
• If they are considered to be in fear or distress about being identified as part of proceedings
• Without that anonymity that quality of his/her evidence or level of cooperation with the party which wants him/her to give evidence is likely to be diminished
• And if they were under 18 when PROCEEDINGS BEGAN
• Does not expire once they turn 18

Section 46 Order
- Gives lifetime anonymity to an adult witness involved in in a criminal court case.
- When the fear and distress arising resulting from being
identified in connection with the court proceedings would diminish quality of the witness’s evidence/their level of co-operation with the proceedings
- When not naming would improve quality of evidence/level of co-operation
- Only applies to the particular case in which the order
is made. If the individual is involved in another, unrelated case, they do not have automatic anonymity, but no link or mention must be made to the case where a Section 46 was ordered.

Section 19
- Made when a court deems it appropriate to allow special measures to be used to ensure anonymity of a witness, e.g. video link or behind screen

Question 4

SEXUAL OFFENCES AMENDMENT ACT 1992

Answer 4

Victim of sexual offence is entitled to life-long anonymity