Media Law 4 - sexual offences Flashcards
who gets anonymity in sexual offences?
victims/ alledged victims, according to the Sexual offences Act 1992
when does it apply from (anonymity)?
from the time alledgation is made
what kind of things does sexual assault cover?
It can be said that sexual assault is covered by rape, sexual assault, stattory rape, adminstering of drugs unwillingly, intending to commit a sexual offence to a child, indecent images, exposure, tarfficking
where does sexual offences get covered in IPSO?
clause 7 and clause - children in sex cases and victims of sexual assault
what does Female Genital Mutilation Act 2003 state?
Victims of female genital mutilation are entitled to lifelong anonymity under new provisions.
what does the Policing Act 2014 state?
Lifelong anonymity for victims of a forced marriage offence
what does Modern Slavery Act 2015 state?
includes
trafficking someone for forced labour which could include domestic servitude.
what does the Sexual Offences (Amendment) Act 1992 cover?
Victims/alleged victims of human trafficking for exploitation are also given
lifelong anonymity
are there exceptions to anonymity in sex cases?
Court may sometimes lift it to remove a substantial and unreasonable
restriction on the reporting of the trial but this is very unusual.
u Anonymity does not apply if the complainant is then prosecuted in respect of
that complaint for perjury, wasting police time or perverting the course of
justice.
u Does not apply to dead people – where victim is raped and murdered
can victims give consent to their anonymity being lifted?
A complainant aged 16 or over can sign a written waiver consenting to be
identified.
but A complainant aged 16 or over can sign a written waiver consenting to be
identified.
what does Section 11 of the Contempt of Court Act 1981 say?
a court can permanently
ban publication of a name or matter in media reports.
u Typical usage includes: blackmail cases; national security cases; commercial
secrets cases.
what does section 46 say about witnesses anonymity?
A court order can be made under section 46 of the Youth
Justice and Criminal Evidence Act 1999 because the witness is/was considered
to be in fear or distress about identification in media reports.
what kind of injunction can the high court impose especially with regards to human rights?
A court (in particular the High Court) may, by injunction, order that a person
must not be identified in media reports because of the person’s rights to
privacy under Article 8 of the European Convention on Human Rights
