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NCJRS Abstract

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NCJ Number: 222591 Find in a Library
Title: Prohibition on the Publication of Names of Children Involved in Criminal Proceedings
Corporate Author: New South Wales Standing Committee on Law and Justice
Date Published: April 2008
Page Count: 122
Sponsoring Agency: New South Wales Standing Committee on Law and Justice
Sydney NSW 2000,
Sale Source: New South Wales Standing Committee on Law and Justice
Parliament House
Macquarie St
Sydney NSW 2000,
Document: PDF
Type: Legislation/Policy Analysis
Format: Document
Language: English
Country: Australia
Annotation: The New South Wales Standing Committee on Law and Justice (Australia) reports on its analysis of the validity, effectiveness, and possible extended coverage of the current law that prohibits the publication of the names of children involved in criminal proceedings as defendants, offenders, victims, siblings of victims, witnesses, or who are otherwise mentioned in the proceedings.
Abstract: The Committee believes that the policy objective of the current law (section 11 of the Children (Criminal Proceedings) Act, which is to protect juvenile victims and offenders from the stigma of crime, remains valid; therefore, it reaffirms the policy objectives of this law. The Committee is also persuaded by the evidence presented to it that the names of children linked to criminal proceedings are not essential details for the media's reporting on criminal proceedings that involve children. The Committee noted problems created when some States and Territories have such prohibitions while others do not. The Committee recommends that a network of cooperation among States and Territories be established to consider developing a consistent prohibition that relates to the publication of names of children involved in criminal proceedings, regardless of the jurisdiction in which the proceedings occur. The Committee recommends that section 11 be amended to extend the prohibition to cover the period prior to charges being laid and to include juveniles who are reasonably likely to become involved in criminal proceedings. It further recommends that section 11 be amended to include the requirement that 16-18 year-olds involved in criminal proceedings who wish to give permission for their names to be published can only give such permission in the presence of an adult, other than a member of the police force. The adult would be present with the consent of the child or an Australian legal practitioner of the child's choosing. Appended submissions, list of witnesses, tabled documents, and minutes of Committee meetings
Main Term(s): Juveniles
Index Term(s): Foreign laws; Juvenile offenders; Juvenile witnesses; Legal privacy protection; Media coverage
Note: NSW Standing Committee on Law and Justice Report, No. 35; downloaded May 6, 2008.
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