Publicity in relation to children
The Press Gazette reports a case from Chelmsford Magistrates Court in November 2008, where magistrates banned publication of the identification of a young child, whose mother had been assaulted by her partner. However that order was reversed by Judge Laura Harris, sitting at Chelmsford Crown Court because the court had no jurisdiction to make an order, as the children was not concerned in the proceedings. The child was neither a victim and was too young to be a witness.
There are a number of statutes that provide for protection against identification of children involved in any court proceedings. Section 12(1) of the Administration of Justice Act 1960 (as amended) states that the publication of information relating to proceedings under the Children Act 1989 or the High Court’s inherent jurisdiction over minors is a contempt of court.
In addition, the Sexual Offences (Amendment) Act 1974 contains similar restrictions and the court powers restricting publication of court proceedings under section 4(2) of the Contempt of Court Act 1981.
See also section 71(1) of the Magistrates’ Courts Act 1980, section 97(2) of the Children Act 1989, Regulation 23 of the Family Proceedings Courts (Children Act 1989) Rule 1991 and Rule 4.23 of the Family Proceedings Rules 1991.
It is also possible under Rules 5.4 and 39.2 of the Civil Procedure Rules to obtain an order prohibiting publicity that would reveal the identity of a Claimant in a child abuse compensation claim. This relies on the Contempt of Court Act 1981 and the inherent jurisdiction of the court.
