温馨提示：本站仅提供公开网络链接索引服务，不存储、不篡改任何第三方内容，所有内容版权归原作者所有
AI智能索引来源：http://www.5rb.com/news/new-proposal-for-anonymity-appeals
点击访问原文链接

New proposal for anonymity appeals - 5RB Barristers

进入原网站 导航首页
New proposal for anonymity appeals - 5RB Barristers Call 5RB+44 (0)20 7242 2902 Menu About us Our work People Barristers Support team Recruitment Resources Cases News Publications Articles 5RB Talks Links Contact Contact us Enquiry Visit us Urgent injunctions Complaints procedure Register for 5RB updates Barristers Cases New proposal for anonymity appeals

July 28, 2010

Law Commission recommends new statutory appeal for children denied anonymity The Law Commission in a new draft bill has proposed a new statutory appeal for a child or young person, where the trial judge refuses to restrict reporting to protect his or her identity.  Such an appeal would be made to the Criminal Division of the Court of Appeal. 

In their report, published on 26 July 2010, entitled "The High Court’s Jurisdiction in Relation to Criminal Proceedings", the Commission states that "Once a person’s identity has been made public, it cannot be re-hidden, and any harm done by identification cannot be undone".  It states further that the protection of Article 8 rights of children and young people is "sufficiently important for there to be right of appeal" and that if their names are made public for crimes committed when children, "their chances of rehabilitation may well be damaged". 

Under the current law, a judge is entitled to restrict reporting which might lead to identification of a child or young person in a Crown Court trial under s.39 Children and Young Persons Act 1933 – however, if the judge refuses to restrict reporting then, the Commission says, "it is doubtful whether there is any way that the child or young person can challenge that refusal." 

Under the new proposals however, there will be a right to appeal (a) a refusal to make a direction under s.39, and (b) a decision to discharge an existing direction under s.39, or (c) the terms of a direction, at any stage of the trial on indictment.

If a person indicates an intention to ask for leave to appeal, a ‘holding ban’ would apply to the media until the appeal is determined.  There would be no further right to appeal beyond the Court of Appeal.

Links

Law Commission Press Release Children ‘should be allowed trial anonymity appeal right’ – Press Gazette Young defendants should be able to appeal lifting of press restrictions – Journalism.co.uk

Filed under: News

Share Quick linksUrgent advice Enquiry Register for 5RB updates Latest news 5RB Hosts BVL, PASS and MTAttB Placement Students Read more

Judgment in TPI on Meaning in Belafonte v NGN Read more

High Court hears the first application to strike out a claim as a SLAPP under CPR 3.4(2)(d) Read more

Jonathan Scherbel-Ball reappointed to Advisory Council on National Records and Archives Read more

Phone hacking limitation trial begins Read more

TPI on Meaning in Belafonte v NGN Read more

£50,000 damages and an injunction awarded in TikTok libel claim Read more

Sunday Times granted transparency order in care proceedings about fabricated or induced illness Read more

View news archive Latest cases Bradley v CM & others [2026] EWHC 125 (Fam)

Optosafe Limited & Anr v Robertson [2026] EWHC 12 (KB) [2026] EWHC 12 (KB)

Blake v Fox [2025] EWCA Civ 1321

Solicitor General v Yaxley-Lennon [2024] EWHC 2732 (KB), [2025] EWCA Civ 476 [2025] EWCA Civ 476

Wei & Ors v Long & Ors [2025] EWHC 158 (KB) [2025] EWHC 158 (KB)

Iqbal v Geo TV Limited [2024] EWCA Civ 1566

View all cases Follow us @5RB Email* CommentsThis field is for validation purposes and should be left unchanged. 5 Gray’s Inn Square Gray’s Inn London WC1R 5AH T 020 7242 2902

Barristers regulated by the Bar Standards Board

Site Map Privacy Policy Disclaimer Credits

智能索引记录