Children Act 2001

Anonymity of child in court proceedings.

252

252.—(1) F223 [ Subject to this section, ] in relation to any proceedings for an offence against a child or where a child is a witness in any such proceedings—

( a) no report which reveals the name, address or school of the child or includes any particulars likely to lead to his or her identification, and

( b) no picture which purports to be or include a picture of the child or which is likely to lead to his or her identification,

shall be published or included in a broadcast.

F224 [ (1A) Subsection (1) shall not apply to the publication or inclusion in a broadcast of a report or picture referred to in paragraph (a) or (b) of that subsection relating to a child where—

( a ) the proceedings concerned relate to the death of the child, and

( b ) such publication or inclusion in a broadcast would not result in a contravention of—

(i) that subsection in so far as it relates to another child who is alive, or

(ii) section 93 . ]

F224 [ (1B) Subsection (1) shall not apply to the publication or inclusion in a broadcast of a report or picture referred to in paragraph (a) or (b) of that subsection relating to the person against whom the offence concerned is alleged to have been committed where—

( a ) the person has attained the age of 18 years on or before the date on which the proceedings commence, and

( b ) such publication or inclusion in a broadcast of the report or picture would not result in a contravention of—

(i) that subsection in so far as it relates to another person, who is a child and is alive, or

(ii) section 93 . ]

F224 [ (1C) Subsection (1B) is without prejudice to any other enactment or rule of law applicable to proceedings referred to in subsection (1) that operates to prohibit the publication or inclusion in a broadcast of a report or picture referred to in paragraph (a) or (b) of that subsection relating to any person. ]

F223 [ (2) The court—

( a ) shall, subject to such conditions (if any) as it considers appropriate, dispense with the requirements of subsection (1) in relation to a child referred to in that subsection where the proceedings concerned relate to the death of that child unless it is satisfied that to do so would—

(i) not be in the best interests of another child referred to in that subsection who is alive, or

(ii) contravene section 93 , and

( b ) may, subject to such conditions (if any) as it considers appropriate, dispense with the requirements of subsection (1) in relation to a child referred to in that subsection where the proceedings concerned do not relate to the death of a child and where the court is satisfied that to so do—

(i) is appropriate having regard to the best interests of that child,

(ii) would not be contrary to the best interests of another child referred to in that subsection who is alive, and

(iii) would not contravene section 93 . ]

(3) Where the court dispenses with the requirements of subsection (1), the court shall explain in open court why it is satisfied it should do so.

(4) Subsections (3) to (6) of section 51 shall apply, with the necessary modifications, for the purposes of this section.

(5) Nothing in this section shall affect the law as to contempt of court.

Annotations:

Amendments:

F223

Substituted (7.05.2021) by Children (Amendment) Act 2021 (6/2021), s. 1(a), (c), S.I. No. 199 of 2021, subject to transitional provision in subs. (2).

F224

Inserted (7.05.2021) by Children (Amendment) Act 2021 (6/2021), s. 1(b), S.I. No. 199 of 2021, subject to transitional provision in subs. (2).