Rules of the Court and Anonymity

Question 1

When it comes to law, how are U18s treated?

Answer 1

• Can be charged with a criminal offences from the age of 10
• Sometimes appear in court as defendants or witnesses
• Usually appear in Youth Court
• Appear in adult magistrates or crown if they’re charged with a serious offence or if they’re a witness in serious cases

Question 2

When writing about a child who may have been involved in a court case, what should you be aware of?

Answer 2

• The child will have automatic anonymity if they have appear in Youth Court- Children and Young Persons Act
• No auto anonymity in adult court- but anonymity may have been imposed- Section 45 order- Youth Justice and Criminal Evidence Act
• Anonymity USUALLY expires at 18

Question 3

If someone is subject to anonymity, what must you not publish?

Answer 3

• Name
• Address
• School
• Any detail that would identify the young defendant or witness
• Photos or moving images of juvenile involved

Question 4

What are the three reasons why Youth Court anonymity can be lifted?

Answer 4

• To avoid injustice to the juvenile
• On conviction in the public interest
• To trace a juvenile wanted for a serious crime

Question 5

What is the Editors’ Code for U16s?

Answer 5

• Children must not be photographed or filmed or interviewed about an issue concerning their welfare of another child whithout the consent of an appropriate adult
• Children must be allowed to complete their education without interference
• Children must not be filmed, photographed or interviewed on school premises without the permission of the school authorities
• There must be “exceptional public interest” to breach these clauses

Question 6

What does Section 8 (Privacy) of the OFCOM Code say about children and vulnerable people?

Answer 6

Broadcasters should pay particular attention to the privacy…

Question 7

Name and explain some other anonymity rules

Answer 7

• Teachers accused of ANY crime have anonymity until charged- Education Act 2011 (lifted if charged or following successful court application in public interest)
• Blackmail victims can sometimes be given anonymity by court- Sec 11 of Contempt of Court Act 1981 (also if there us a real and immediate threat to safety- anonymity lifelong)
• Adult witnesses in “fear or distress” about being identified- Sec 46 Youth Justice and Criminal Evidence Act (if quality evidence in court will be affected- lifelong anonymity)

Question 8

Which offences come under the Sexual Offences Act 2003?

Answer 8

• Rape/attempted
• Aiding, abetting, procuring or counselling rape or attempted
• Incitement to rape
• Conspiracy to rape
• Grooming and trafficking
• Burglary with intent to rape
• Voyeurism- ‘peeping tom’
• Indecent exposure
• “upskirting”

Question 9

What does the law say about anonymity of victims of these offences?

Answer 9

• Victims of sexual offences have lifelong anonymity- from the moment the allegation is made (even if the allegation is withdrawn)
• Sexual Offences Amendment Act 1992

Question 10

What can you not report about an alleged victim of a sexual offence?

Answer 10

• Name
• Address
• Workplace/educational establishment
• Still or moving images
• Any detail which can lead to ID e.g relationship between attacker and victim

Question 11

What does the law say about the anonymity of an alleged victim of human trafficking or modern slavery?

Answer 11

• Bans the ID of the victim
• Covers alleged victims of trafficking for sexual exploitation (or for domestic servitude)
• Same rules on waiving anonymity (over 16, in writing, stated no pressure)

Question 12

What does the FGM (Female Genital Mutialtion) Act 2003 say about anonymity for victims?

Answer 12

• Lifelong anonymity
• Scope of anonymity same as Sexual Offences (Amendment) Act
• No detail leading to the ID of victim can be published

Question 13

What is jigsaw ID?

Answer 13

2 different publications publish stories about case with separate details that they consider okay but the details allow you to work out who the person is

Question 14

What are the penalties for identifying victims?

Answer 14

• Unlimited fine
• Compensation to victim
• All publishers (including members of the public using social media) subject to this law

Question 15

What are some exceptions to anonymity?

Answer 15

• Victim can waive anonymity
• Judge can lift anonymity in the interest of justice
• Judge can life anonymity if reporting is being limited

Question 16

How could someone waive anonymity?

Answer 16

• Victim must be 16 or over
• Must agree in writing
• Must not be interference with the peace and comfort of the victim

Question 17

Why would anonymity be lifted in the interest of justice?

Answer 17

• To avoid a substantial prejudice to defence
• To encourage witnesses to come forward
• Judge can make court order
• Lawyer rarely asks for this and it rarely happens

Question 18

Why would anonymity be lifted due to an unreasonable restriction on reporting?

Answer 18

• To lift anonymity if it places an unreasonable restriction on the reporting of a case
• And if the reporting is in the public interest
• Case study: R v Hutchinson
• Judge can make court order
• Very rare

Question 19

What happens if someone make a false allegation?

Answer 19

• Anonymity doesn’t apply to someone charged in connection with making a false allegation
• Section 1(4) of 1992 Act allows ID of someone claiming to be a victim of sexual offence while giving evidence in relation to another offence
• Whilst the law allows it may not be considered ethical

Question 20

What are the rule son naming rapists?

Answer 20

• No anonymity for predator
• Unless it could lead to the ID of the victim
• It’s up to the reporter to find a way to report the story effectively and ethically