300.Whereas an adult victim can consent to the publication of information likely to lead to their identification as a victim of an offence, information about a child victim (being a person under 18 years of age) cannot be published by a third party without committing the offence in section 106D even where the child victim purports to give consent. Instead, the sheriff may, on an application by a person who wishes to publish information relating to a child victim, dispense with the restriction imposed by section 106A. Before making a decision on such an application, the applicant and the child victim must be given an opportunity to make representations to the sheriff. The sheriff can grant the order sought (a) if satisfied that the child victim understands the nature of the order sought, appreciates what the effect of making the order will be, and consents to the publication of the identifying information, and (b) if satisfied that there is no good reason why the order should not be made. But the child victim can withdraw consent to publication by giving the applicant written notice before the information is published.
Crown Application Anonymity for victims Section 106B – power to dispense with restriction: child victims