154.The sections in this Chapter clarify the legislation that currently restricts the media identification of juveniles involved in the legal process and extend the restrictions back to the point at which a criminal investigation into an offence begins. The Chapter also provides a new power to impose restrictions on reporting the identities of intimidated witnesses and on reporting the making of directions under Chapters I and II of this Part of the Act. The revised provisions ensure that restrictions imposed by courts in England and Wales or Northern Ireland will be enforceable throughout the United Kingdom, including in Scotland. For each restriction, there is a procedure for the restriction to be lifted on application.
155.Sections 44 and 45 are based on the restrictions imposed by sections 39 and 49 of the Children and Young Persons Act 1933 (as amended by subsequent legislation) on the reporting of information likely to identify young people involved in court proceedings. The sections impose similar restrictions on reporting, but extend to the identification of young people during the pre-charge stage of criminal investigations. The young people covered by the restrictions are those who are alleged to have committed, been the victim of, or witnessed the commission of the offence that is under investigation.
156.To reflect the wide range of incidents where the mandatory restrictions under section 44 will apply, those who breach the restrictions by identifying child victims and witnesses will have statutory defences in certain circumstances (provided in section 50) against being convicted of an offence of breaching the restrictions. In addition, the restrictions can only be implemented through the draft affirmative resolution procedure (see paragraph 162 below).
157.Schedule 2 makes section 49 of the 1933 Act enforceable in Northern Ireland (as well as in England and Wales and Scotland). The effect of this change, together with the inclusion of Northern Ireland in the extent of sections 44 and 45, is that, where restrictions have effect, it will now be an offence to publish details anywhere in the United Kingdom which might lead to the identification of young people involved in a case triable in England and Wales or Northern Ireland.
158.Schedule 2 also makes several changes to the reporting restrictions imposed by the Sexual Offences (Amendment) Act 1992 – which provides anonymity for complainants of certain sexual offences – to ensure that its provisions are similar to those in sections 44, 45 and 46 of the Act. One consequence of this is to remove any distinction between the type of material which can be published between allegation and charge, and charge and trial (sections 1(1) and 1(2) of the 1992 Act).
159.This change is not intended to disturb any understandings between the media and the police about how far the media can go in giving information about a sex offence case before a suspect has been charged. (Information is sometimes published deliberately, with the complainant’s consent, in the hope of prompting witnesses to come forward.)
Commentary on Sections Part II: Giving of evidence or information for purposes of criminal proceedings Chapter IV: Reporting restrictions