Media
Guidelines |
Introduction |
| 1. |
Section
44(1) of the Children (Scotland) Act 1995
states that:
"No
person shall publish any matter in respect
of a case about which the Principal Reporter
has from any source received information
or any matter in respect of proceedings
at a children's hearing, or before a sheriff
on an application under section 57, section
60(7), section 65(7) or (9), section 76(1)
or section 85(1) of this Act, or on any
appeal under this Part of this Act, which
is intended to, or is likely to, identify
- |
| |
|
(a)
the children concerned in, or any other
child connected (in any way) with, the case,
proceedings or appeal; or |
| |
|
(b)
an address or school as being that of any
such child |
| 2. |
It
is a criminal offence to contravene section
44(1). |
| 3. |
It
is a defence in criminal proceedings for
the accused to prove that he did not know,
and had no reason to suspect, that the published
matter was intended, or was likely, to identify
the child or, the child's address or school. |
| 4. |
Publishing
includes publishing matter in a programme
service (as defined by section 201 of the
Broadcasting Act 1990). It also includes
causing matter to be published. |
| 5. |
A
sheriff or the Court of Session in relation
to proceedings before them or the Secretary
of State in relation to proceedings at a
Children's Hearing, may dispense with the
requirement not to publish if such a dispensation
is in the interests of justice. |
Application |
| 6. |
A
case falls within section 44 once the reporter
has received information about the case.
In exceptional cases the trigger for the
application of section 44 will be proceedings
before the sheriff on an application for
a child protection order, though information
about such a case will almost certainly
be received by the reporter very shortly
thereafter. |
| 7. |
The
specified court proceedings in section 44
are child protection order proceedings,
proceedings on an application for a finding
whether grounds for referral are established,
exclusion order proceedings, proceedings
on an application to review a finding that
grounds are established and appeal proceedings
against the decision of a children's hearing
or sheriff. These specified court proceedings
do not include all possible court proceedings
before the sheriff, but in any event cases
subject to other proceedings will fall within
the generality of the reference to cases
about which the reporter has received information. |
| 8. |
There
are two elements to the requirement not
to publish in section 44 - firstly that
the matter relates to a relevant case or
proceedings and secondly that the matter
relates to identification details of a child.
Both elements require to be present before
contravention of section 44 arises. Publishing
matter about a relevant case or proceedings
which is neither intended to nor likely
to identify a relevant child (or his address
or school) is not a breach. Publishing matter
which identifies a child but which is neither
intended to nor likely to identify the child
as being connected in any way to a relevant
case or proceedings is also not a breach. |
| 9. |
The
requirement not to publish remains even
if a child or parent has no objection to
publication, or wishes publication to take
place. |
| 10. |
A
"child" includes any child under
16 and any 16 or 17 year old where a supervision
requirement is in force. Section 44 therefore
applies to 16 and 17 year olds subject to
supervision requirements as it does to younger
children. |
| 11. |
A
child does not require to be subject to
current proceedings for section 44 to apply.
Section 44 will continue to apply where
the reporter has dealt with a case in the
past but has no current active interest
or there is no current supervision requirement
in force. |
| 12. |
Once
a person ceases to be a "child"
within the statutory definition section
44 may continue to apply. If it does not,
general issues relating to publication of
information and rights to privacy (in respect
of both the "child" and any other
person connected with the case) would require
to be considered by any publisher. |
Note |
| 1. |
The
relevant statutory definition of a child
is found in section 93(2)(b) of the Children
(Scotland) Act 1995. |
| 2. |
A
supervision requirement may be made by a
Children's Hearing where grounds for referral
are accepted or established and the Children's
Hearing is satisfied that compulsory measures
of supervision are necessary in respect
of a child.
|
|
For more information contact:
Mark Hirst, Press Officer, Scottish
Children's Reporter Administration, 01738
850107 or 07780 957471.
|
