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Childrens Act 2001 & anonymity

  • 15-11-2019 8:43pm
    #1
    Registered Users, Registered Users 2 Posts: 1,861 ✭✭✭


    Interesting case today of teenager, 17, being named; he's right on threshold of retaining/being granted anonymity under the CA of 2001 but in this case the mother of 2 year old child who was hit when a car the 17 year old was driving (bought for 1 Hundred Euro on Facebook.....) was canvassed by judge.

    https://www.independent.ie/irish-news/courts/teen-who-knocked-down-toddler-2-and-fled-the-scene-jailed-for-four-years-38694353.html

    Has this set a precedent or are there other cases where a minor/juvenile/child/teenager has been named?

    Cases in such instances welcome; can vaguely remember one of a a murder/manslaughter during early 00s but no specific details.

    But if the victim, or their families can be canvassed and the law bypassed in such circumstances, why isn't this occurring more frequently?

    Thinking of Boys A & B and the 15/17 year old jailed for 11 years last year for 23rd of December 2017 attempted murder of his victim in Dun Laoghaire but inevitably there's plenty of other instances this year alone where, while naming may not be in public interest (questionable or controversial perhaps?); the Boys A & B case seems to've drawn more ire than the latter case in terms of those baying for blood so to prevent vigilantism, for safety of their families it & to encourage their rehab etc. the decision to grant lifetime anonymity may be a good one.

    But the flip side; is naming underage criminals, once convicted/sentenced in public interest; naming Boy A or B won't change my life and I can't see what benefit society would gain from it; it would be added punishment for them of course and I find it odd that the anonymity remains; judge could've said not at 18 but once 21 they can be revealed perhaps?

    In any case both the case linked to above & the other two're separate; can't the 17 year old boy here feel harshly done by?

    Should the CA be reviewed 18 years on?

    Should we be only granting anonymity for all teenagers til 18 no matter the crime?

    Or do we permit anonymity to be retained on basis of age; do we reduce it from 18 to 16?

    Or do we go by severity of charge/conviction; sexual assault, rape, attempted murder, manslaughter, murder; do we omit "simple" as in non-sexual, assault? Robbery/Theft/Burglary?


Comments

  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Nokia6230i wrote: »
    Interesting case today of teenager, 17, being named; he's right on threshold of retaining/being granted anonymity under the CA of 2001 but in this case the mother of 2 year old child who was hit when a car the 17 year old was driving (bought for 1 Hundred Euro on Facebook.....) was canvassed by judge.

    https://www.independent.ie/irish-news/courts/teen-who-knocked-down-toddler-2-and-fled-the-scene-jailed-for-four-years-38694353.html

    Has this set a precedent or are there other cases where a minor/juvenile/child/teenager has been named?

    Well no, first and foremost the CC can't set a precedent. Waiving of anonymity is permitted in Irish law, but extremely rare (I can't think of any other case off hand here at the moment) when there is a valid justification under the public interest, however when it does happen there must be good reason for such which the court is obliged to outline.

    When it does happen the interests of the child and any potential problems it may cause to them down the line must be fairly balanced against the public interest.


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