Lifetime anonymity for children in criminal cases could break Article 10

Lifetime anonymity for children in criminal cases could break Article 10

Plans for automatic lifetime anonymity to anyone under 18 involved in criminal incidents have come under fire.

The provisions in the Children (Care and Justice) (Scotland) Bill would also give victims and witnesses anonymity.

But there are concerns that the changes could make Scotland’s justice system even more opaque.

The bill would ban the media from naming any minor convicted of a crime.

John McLellan, director of Newsbrands Scotland, said the proposed measures “would prevent crucial details being reported about serious incidents”.

Media law experts have warned that the proposals could fall foul of Article 10 of the European Convention on Human Rights, governing freedom of expression.

The bill provides that it would be an “offence to publish information that is likely to lead to the identification of a person suspected of committing an offence at a time when they were aged under 18”.

It adds that the “restrictions on publication apply regardless of whether the suspected offence was committed before or after” the new laws come into force. There will, however, also be a right of appeal.

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