Government proposes anonymity for Defendants in rape cases

The BBC reports that the government intends to extend anonymity to Defendants in rape cases. There have been concerns for some considerable time about the way in which rape victims’ identities are protected whereas the accused enjoys no such anonymity.

However there will be a side effect of such a law. At present in child abuse cases, the identification of the Defendant may serve to bring forward other victims of abuse. Defendant lawyers argue that this is unfair because it encourages people to make false allegations in the hope of obtaining compensation. Moreover sexual abuse is an emotive crime and Defendants also say that the glare of publicity condemns them before they have a chance to be tried.

There are a number of statutes that provide for protection against identification of children involved in any court proceedings. Section 39(1) of the Children and Young Persons Act 1933 provides protection for child defendants and witnesses in criminal proceedings. The court can direct that no newspaper may identify the child or publish photographs without leave of the court.

Under section 12(1) of the Administration of Justice Act 1960 (as amended) 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. Section 4 of the Sexual Offences (Amendment) Act 1974 contains similar restrictions.  The court also has further powers restricting publication of court proceedings under section 4(2) of the Contempt of Court 1981 section 4(2).  

Section 71(1) of the Magistrates’ Courts Act 1980 states that it is a criminal offence to publicise other than limited details in relation to family proceedings and proceedings under the Adoption Act 1976.

Section 97(2) of the Children Act 1989 provides:-

“No person shall publish any material which is intended, or likely, to identify:-

“(a) any child as being involved in any proceedings before the High Court, a county court or a magistrates court in which any power under this Act may be exercised by the court with respect to that or any other child; or

(b) an address or school as being that of a child involved in any such proceedings.”

Regulation 23 of the Family Proceedings Courts (Children Act 1989) Rule 1991[1] and Rule 4.23 of the Family Proceedings Rules 1991[2] restricts disclosure of care proceedings documents to certain persons.

[2] SI 1247