Publising the charge in the newspapers.

[can it get worse]

Hi,

Please could anyone give any information on this. Does a case automatically get in the newspaper when being heard at magistrates court? (plea hearing)We are concerned of the impact this could have on our children, Can anything be done to avoid publicity. I understand the accused's identity will not be protected unless it would reveal the accuser's identity. However, I would like to think that our children deserve protection aswell.

[myhome]

Hi CIGW - sorry I can't answer this one - all I know is that the FA'er has life long anonymity unless she admits to lying in which case she will probably get charged with perjury and wasting police time and get a custodial sentence.
Your barrister/sol team should be able to answer this for you and I think I am right in saying that they can make a request to the judge to have the children's identity protected ...

[can it get worse]

Hi CIGW - sorry I can't answer this one - all I know is that the FA'er has life long anonymity unless she admits to lying in which case she will probably get charged with perjury and wasting police time and get a custodial sentence.
Your barrister/sol team should be able to answer this for you and I think I am right in saying that they can make a request to the judge to have the children's identity protected ...

Hello MH,

Thankyou for your reply. Does anyone know the likelihood of the judge allowing this ?? Is it purely up to him or is there specific rules where it is a yes or no answer?

[lawlessone2009]

The issue is that there are phrases in circulation such as:

Justice has to be seen to be done...

Which read by newspapers etc means publish all stories even if people suffer... I, personally, would quite like to seen only convicted people mentioned in newspapers and all others being given the same right to anonymity as the accusers.

As for whether your story would appear. It depends on how much news there is that week, how interesting the story is, how big a town/city it's alleged to have happened in, age of accuser, status of accused etc.....

Have a word with the legal team and see what they say. I was assured that the papers are not particularly interested until a trial began... It turned out to be true in my case and since there was no trial I was never in the paper.

[Rights Fighter]

The issue is that there are phrases in circulation such as:

Justice has to be seen to be done...

Which read by newspapers etc means publish all stories even if people suffer... I, personally, would quite like to seen only convicted people mentioned in newspapers and all others being given the same right to anonymity as the accusers.

As for whether your story would appear. It depends on how much news there is that week, how interesting the story is, how big a town/city it's alleged to have happened in, age of accuser, status of accused etc.....

Have a word with the legal team and see what they say. I was assured that the papers are not particularly interested until a trial began... It turned out to be true in my case and since there was no trial I was never in the paper.

Some people are named after they have been charged. An application can be made to the judge for anonymity but there has to be a damn good reason such as the complainant (and sometimes the def's children) could be easily identified if the def is named. If there is no good reason then the press could if they wanted to, JR any such application should the judge agree and then they would name the def 'in the name of justice'. It has happened before. So there has to be a good reason so the application cannot be JR'd should the press wish to try.

[can it get worse]

Some people are named after they have been charged. An application can be made to the judge for anonymity but there has to be a damn good reason such as the complainant (and sometimes the def's children) could be easily identified if the def is named. If there is no good reason then the press could if they wanted to, JR any such application should the judge agree and then they would name the def 'in the name of justice'. It has happened before. So there has to be a good reason so the application cannot be JR'd should the press wish to try.

Thanks RF for the info. 'A damn good reason' - ???? Surely the def's children is a damn good reason. Aren't we living in a society whereby, child protection is high priority? Or is this only when it suits.

I also recognise the importance of a genuine victim being allowed anonymity but as I have read on this forum, the complainant very often seems to be happy to expose her own identity.

I am sorry that I sound so cynical.

[Rights Fighter]

Sorry - what I meant was 'a damn good reason that the court will accept'. They generally don't give a damn about the children of the def or the elderly parents and it's usually about protecting the complainant.

You are right of course that some (often the false accusers) will 'bravely waive their anonymity' to 'speak out'.