Question for rights fighter

[Innocentguy1983]

Hi Rights Fighter

Sorry to bother you.

I saw in one of your posts a while ago that you can apply for a court to stop the newspaper disclosing information about you if it could possibly affect children.

Would you mind telling me what it is I need to apply for. I'm. Seeing my solicitor Thursday and what to bring it up with him.

Many thanks

Ig

[myhome]

This is a question that canitgetworse would like to know about too....

[can it get worse]

I understand that nothing can be done to protect the accused's identity. Of course the identity of the accuser has to be kept anonymous. So if by naming the accused would reveal the identity of the accuser, this would then prevent it from going in to the paper.

If the effect of the press coverage could have an impact on the children of the accused, this is not a good enough reason for preventing it going in the newspapers.

The only hope is that the journalist does not attend.

[myhome]

If the effect of the press coverage could have an impact on the children of the accused, this is not a good enough reason for preventing it going in the newspapers.

Hi CIGW - this is appalling - the rights of children to be protected and have a safe childhood are paramount.....so hope that your children are not going to be affected by this......MH

[can it get worse]

Hi CIGW - this is appalling - the rights of children to be protected and have a safe childhood are paramount.....so hope that your children are not going to be affected by this......MH

Hi MyHome,

Yep it sickens me......... Up to now they are unaffected. We endeavour to function every day for them as our utmost priority and will continue to protect them. But the added pressure of press coverage is so worrying. I cannot come to terms with the notion that their well being is not considered. It just makes it even harder for the real victims in these allegations.

[Rights Fighter]

Sorry, only just seen this. You can ask counsel to apply for anonymity so your case is not reported. If your children have the same surname as the accuser they could be identified so that might work. However not all applications succeed. It really depends on the judge. Plus sometimes if the press are determined they could ask for a JR - Judicial Review and get the decision overturned and then it could make front page news 'we won the right to name and shame' etc.....

Ask the solicitor. He or she will already be aware of this.

[can it get worse]

Sorry, only just seen this. You can ask counsel to apply for anonymity so your case is not reported. If your children have the same surname as the accuser they could be identified so that might work. However not all applications succeed. It really depends on the judge. Plus sometimes if the press are determined they could ask for a JR - Judicial Review and get the decision overturned and then it could make front page news 'we won the right to name and shame' etc.....

Ask the solicitor. He or she will already be aware of this.

We will discuss this with barrister....... thank you.

Do you know if press attend for a 'plea management hearing' (not sure if that is the correct term)???

Many thanks

[saddened]

Anonymity application route - Can you put this as a seperate post for All please? Really useful information.

Sorry, only just seen this. You can ask counsel to apply for anonymity so your case is not reported. If your children have the same surname as the accuser they could be identified so that might work. However not all applications succeed. It really depends on the judge. Plus sometimes if the press are determined they could ask for a JR - Judicial Review and get the decision overturned and then it could make front page news 'we won the right to name and shame' etc.....

Ask the solicitor. He or she will already be aware of this.

Hello Rights Fighter,

Please can you put this as a seperate post with details as to how exactly we can go about this? This is really useful information. Thank you for this!!!

Also, a couple of things occurred to me - How is it that child murderers such as venables and thompson get anonymity, but the "accused - supposed to be presumed innocent until proven guilty" don't???

I also in my darkest hours wondered if there was any form of Class Action that could be taken by members of this forum and who against EG accused, acquitted, but could prove unfair, bias treatment by the system as it is common practice that the accused is dealt with as though they are guilty. The police officer investigating my son even came out as part of the interview saying she believed he was guilty, even though the facts still point to him not being. The female DC even asked if he had a girlfriend, to which I pointed out to the Senior officer in charge " this is disgraceful, she should not be propositioning my son and she is not his type anyway. Far too old for him"!!

If there was a form of Class Action that could be taken to highlight the plight of many, to win justice for all and show how the justice system/police treats the many, then why do we not consider it? I am guessing this will take a coat of thinking about, but why should we tolerate this type of behaviour.

1. No Anonymity for the accused
2. Treat and accused of being guilty, by the police even before it gets to court - On tape as well - Abuse of power in my book.
3. I have several instances of things being added to bolster the polices case - things changed & added to suit them
4. The list goes on

What do you think?

Thank you
Saddened and determined to stop this injustice!!!

[Rights Fighter]

We will discuss this with barrister....... thank you.

Do you know if press attend for a 'plea management hearing' (not sure if that is the correct term)???

Many thanks

If they have nothing better to report on - yes they can attend any criminal hearing.

[Rights Fighter]

Hello Rights Fighter,

Please can you put this as a seperate post with details as to how exactly we can go about this? This is really useful information. Thank you for this!!!

Also, a couple of things occurred to me - How is it that child murderers such as venables and thompson get anonymity, but the "accused - supposed to be presumed innocent until proven guilty" don't???

I also in my darkest hours wondered if there was any form of Class Action that could be taken by members of this forum and who against EG accused, acquitted, but could prove unfair, bias treatment by the system as it is common practice that the accused is dealt with as though they are guilty. The police officer investigating my son even came out as part of the interview saying she believed he was guilty, even though the facts still point to him not being. The female DC even asked if he had a girlfriend, to which I pointed out to the Senior officer in charge " this is disgraceful, she should not be propositioning my son and she is not his type anyway. Far too old for him"!!

If there was a form of Class Action that could be taken to highlight the plight of many, to win justice for all and show how the justice system/police treats the many, then why do we not consider it? I am guessing this will take a coat of thinking about, but why should we tolerate this type of behaviour.

1. No Anonymity for the accused
2. Treat and accused of being guilty, by the police even before it gets to court - On tape as well - Abuse of power in my book.
3. I have several instances of things being added to bolster the polices case - things changed & added to suit them
4. The list goes on

What do you think?

Thank you
Saddened and determined to stop this injustice!!!

Class action? Anonymity has been the subject of debate for a long time. Sorry I can't do much at the moment as I am helping with two trials, appeals and also have Shingles. Just coming on here as and when I can

[saddened]

Class action? Anonymity has been the subject of debate for a long time. Sorry I can't do much at the moment as I am helping with two trials, appeals and also have Shingles. Just coming on here as and when I can

Hi RF,

Sorry to hear you have shingles, I have had this in the past and it is awful. To have this, along with two trials running, appeals must be exhausting. And on top of this, you still manage to post and help people.

I know anonymity has been debated and also petitioned, though I wondered if we could in numbers put a sum of money in each, not the thousands of pounds, but would total thousands of pounds and take some form of group action? There appears to be thousands going through this process on this and other forums. I wanted to seek your guidance really. Petitions are good, but would a legal fight be better? I don't know.... Hence my question?

Many thanks and hope you feel better soon.

[Rights Fighter]

My advice is - don't waste your money. People have tried and failed. All you can do is to sort your own case out and help and support others.

[cantgiveup]

Sorry, only just seen this. You can ask counsel to apply for anonymity so your case is not reported. If your children have the same surname as the accuser they could be identified so that might work. However not all applications succeed. It really depends on the judge. Plus sometimes if the press are determined they could ask for a JR - Judicial Review and get the decision overturned and then it could make front page news 'we won the right to name and shame' etc.....

Ask the solicitor. He or she will already be aware of this.

Many thanks for this RF, a little hope...I have asked two lawyers and police about this and received pretty negative responses, but if our case does go to trial I will keep trying.

I am amazed, when Child Protection is supposed to be at the forefront of all health and social care workers that there is not more that can be done. 6 months ago my children had to cope with the fact that the allegation had been made and the accuser publicly brandishing it about. They are in their early teenage years, when they are emotionally developing and to be bullied / harassed at school (kids will be kids) was hard. 6 months on it has all died down and they have regained some normality, if my partner is formally charged things will probably worsen again, if it proceeds to trial it will be even worse.
Throughout this entire process, in my opinion there has been no consideration of the much talked about Child Protection procedures. It is another disgrace in this awful situation.

CGU x

[Rights Fighter]

In a trial I was recently involved with (it was dumped on the 2nd day due to Facebook evidence I uncovered) we found a good argument on Facebook which would have supported an application for anonymity for the defendant.

I found the mother of one of the friends (ex friends now!) of the liar had a propensity to stand outside houses of people who had been named in the press as being charged with sexual offences. Being the clearly ignorant woman she is she went round there with a bunch of similarly brain-cell challenged friends to shout 'rapist' 'pervert' 'paedo' and wave banners. In her Facebook posts she bragged about having got rid of one 'pervert' by doing this and she went off with bunch of her friends to do the same to another person who had not been found guilty and who had only been charged. They live locally to the family I was helping.

Further, it became known to the mother of the defendant that there was confusion over which sister he was supposed to have raped and the gossip changed from the liar, to another sister - who denied it vehemently. The confusion arose I think because all those involved, the def and his liar and some of her supporters had the same surname as the defendant and his other sister who supported him.

Fortunately we didn't need to put in the application - but we had an argument in place, just in case.

You cannot apply for anonymity without a very good reason.

[lawlessone2009]

'Class Action' is, I believe, an American type of legal 'thing' and isn't really very big over here. I know that certain industrial type claims are 'branded' as a 'class action' but normally it is one individual against the defendant and if they are successful then their success is used by all other potentially interested parties as the leader of type. Almost like an appeal ruling from a High Court that 'changes' or 'reinterprets' the law.

Whether it can be called a 'class action' is open for discussion of course. I'm not saying it's not but I do doubt if it is...

I suppose that there is Supreme Court rulings and European rulings to consider too...

It could be taken through the Human Rights Courts and argued but you are talking a long wait and serious money. Attempting to find the 'Guinea Pig' for it (press coverage would be a certain) and also find the necessary financial backing would be a challenge and a half. Not saying it's impossible but it may very well not succeed.