The Supreme Court have ruled that offenders who turn 18 during the criminal process and after are still subject to anonymity laws. In the case concerned the appellant was 17 at the time he committed murder. He pleaded guilty and was sentenced in April 2020, a month prior to turning 18. At the time of his sentencing, he was protected under Section 93 of the Children Act 2001, which provides anonymity to child offenders.
Upon appeal, the Court of Appeal ruled that because the appellant had turned 18 before the appeal was heard, they were no longer entitled to the anonymity protection of Section 93. The central question was whether Section 93(5), which extends anonymity during an appeal, continues to protect a defendant who turns 18 before their appeal is concluded. The appellant argued that the wording of the section meant anonymity should continue into the appeal, even if the defendant was no longer a child.
The appellant contended that this interpretation aligns with the law's intent to protect young offenders throughout the entire criminal process. The respondent's argument was that section 93 was meant to apply only to children, and since the appellant was no longer a child, the anonymity protections should not apply after they turned 18.The Attorney General also argued that the protection was meant strictly for children and should not extend once the defendant turned 18, as children’s rights do not continue once they reach adulthood. They emphasized that the public justice principle requires that proceedings be transparent, and limiting the anonymity protections to those under 18 aligns with this principle.
In the Supreme Court’s ruling, Ms Justice O’Malley emphasized the rehabilitation focus of the Children Act 2001, noting that the law aims to reintegrate young offenders into society and prepare them for positive contributions. The Supreme Court rejected the respondent and Attorney General's interpretation that anonymity protections should end once the defendant turns 18, considering this interpretation could lead to unjust and inconsistent treatment of young offenders. The Court ruled that Section 93 applies to proceedings against a child, and the protection lasts beyond the conclusion of the proceedings, even after the person turns 18, as long as the publication or report pertains to the proceedings and could identify the child involved.
The Supreme Court allowed the appeal, confirming that Section 93’s protections continue even if the child offender reaches adulthood during proceedings. The Court highlighted that the interpretation of legal provisions should be in alignment with the overall legislative goals, such as fairness, rehabilitation, and the best interests of the child, even beyond their transition into adulthood.