A challenge, by way of judicial review, by a young offender convicted of the murder and rape of a 14-year-old girl, to an excepting direction which discharged a reporting restriction order imposed under the Youth Justice and Criminal Evidence Act 1999 s.45(3), was refused.
ADMINISTRATION OF JUSTICE ANONYMITY CRIMINAL PROCEDURE CULPABILITY DETENTION AT HER MAJESTY’S PLEASURE EXCEPTING DIRECTIONS IDENTIFICATION JURISDICTION MENTALLY DISORDERED OFFENDERS MINIMUM TERM MURDER OPEN JUSTICE RAPE REPORTING RESTRICTIONS SENTENCING YOUNG OFFENDERS
A recorder had erred in varying an order so that the identity of a young offender could be made public; he had given insufficient consideration to the public interest in the effective rehabilitation of the offender.
ANONYMITY CHILDREN AND YOUNG PERSONS ACT 1933 s.39 CRIMINAL PROCEDURE KIDNAPPING PENOLOGY AND CRIMINOLOGY REHABILITATION REPORTING RESTRICTIONS SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT YOUNG OFFENDERS
The Court of Appeal of Northern Ireland did not have jurisdiction to hear a purported appeal under the Criminal Appeal (Northern Ireland) Act 1980 against the lifting of reporting restrictions following a young offender’s conviction for serious sexual offences as the order had not been made on conviction as was required by s.8. The interim reporting restriction order had been made shortly before the giving of sentence.
ADMINISTRATION OF JUSTICE ANONYMITY APPEAL AGAINST LIFTING OF REPORTING RESTRICTIONS ON YOUNG OFFENDER APPEALS AGAINST SENTENCE art.22(1) art.22(2) art.22(3) art.3 art.8 CRIMINAL APPEAL (NORTHERN IRELAND) ACT 1980 s.8 CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998 art.22 CRIMINAL JUSTICE ACT 1988 s.159(1)(c) CRIMINAL PROCEDURE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.6 JURISDICTION NORTHERN IRELAND OPEN JUSTICE ORDER NOT MADE ON CONVICTION REPORTING RESTRICTIONS s.159 SEXUAL OFFENCES SEXUAL OFFENCES (AMENDMENT) ACT 1992 s.1 YOUNG OFFENDERS
A district judge had not erred when refusing to make an anonymity order in respect of a defendant charged with making indecent images of children as, despite the defendant having been targeted and attacked in relation to a previous allegation of indecent assault of a child, he had not demonstrated that there was a real risk of his being attacked in relation to the instant offences.
ANONYMITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE DEFENDANT CHARGED WITH MAKING INDECENT IMAGES OF CHILDREN EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.2 HEARINGS IN OPEN COURT HUMAN RIGHTS INDECENT PHOTOGRAPHS OF CHILDREN JUDICIAL REVIEW OF REFUSAL TO MAKE ANONYMITY ORDER MAGISTRATES’ COURTS NORTHERN IRELAND OPEN JUSTICE REPORTING RESTRICTIONS RIGHT TO LIFE RISK WHETHER REAL RISK OF ATTACK
The court struck out a claim for an injunction prohibiting the publication in a local newspaper of the claimant’s name or any details which could lead to his identification in the context of the making of a sexual offences prevention order. He had really been seeking an order prohibiting publication of material that identified him by name, which would not have been achieved by an injunction against just one local newspaper.
ANONYMITY APPROPRIATENESS OF ORDER AGAINST ONE LOCAL NEWSPAPER CIVIL PROCEDURE CRIMINAL PROCEDURE INJUNCTIONS MEDIA AND ENTERTAINMENT PUBLICATION OF NAME PUBLISHING REPORTING RESTRICTIONS SEXUAL OFFENCES PREVENTION ORDERS STRIKING OUT STRIKING OUT CLAIM FOR INJUNCTION PROHIBITING PUBLICATION
The Sexual Offences (Amendment) Act 1992 was compatible with the European Convention on Human Rights 1950 Art.10 .
ANONYMITY ART.10 EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 CHILD SEX OFFENCES COMPATIBILITY OF SEXUAL OFFENCES (AMENDMENT) ACT 1992 WITH SCH.1 PART I ART.10 HUMAN RIGHTS ACT 1998 CRIMINAL LAW EDITORS FREEDOM OF EXPRESSION HUMAN RIGHTS INDECENCY WITH CHILDREN ACT 1960 MEDIA AND ENTERTAINMENT PUBLICATION OF INFORMATION IDENTIFYING VICTIMS PUBLISHING REPORTING RESTRICTIONS s.1 S.1(1) SEXUAL OFFENCES (AMENDMENT) ACT 1992 s.5 S.5 SEXUAL OFFENCES (AMENDMENT) ACT 1992 SEXUAL OFFENCES (AMENDMENT) ACT 1992 SEXUAL OFFENCES (AMENDMENT) ACT 1992 s.1(1) SEXUAL OFFENCES (CONSPIRACY AND INCITEMENT) ACT 1996 STATUTORY PROHIBITION ON PUBLICATION OF CHILD’S NAME YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999
Please use the form below to make contact. Your email will be responded to promptly (we endeavour to respond to all email enquiries within one hour). Alternatively, you can call Stephen's firm, Twelve Tabulae Limited, on +44 (0) 203 846 5801.