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 judge had not erred in refusing an application for an interim non-disclosure order where the interests of publishers and the public under the ECHR art.6 and art.10 outweighed the interests of a person under art.8 who had been arrested but not formally charged following an investigation into allegations of child sex grooming and prostitution.
art.6 art.8 art.8(2) CHILD SEX OFFENCES CONTEMPT OF COURT ACT 1981 s.4(2) CORRECTNESS OF REFUSAL TO IMPOSE INTERIM NON-DISCLOSURE ORDER ON PUBLISHERS CRIMINAL LAW CRIMINAL PROCEDURE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.10 HUMAN RIGHTS JURISPRUDENCE MEDIA AND ENTERTAINMENT NEWSPAPERS NON-DISCLOSURE ORDERS OPEN JUSTICE RIGHT TO FAIR TRIAL RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.4 SUSPECT ARRESTED BUT NOT CHARGED WITH CHILD SEX OFFENCES
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
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