Abandoning identity protection for juvenile offenders

Duncan Chappell, Robyn Lincoln

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Abstract

In what is believed to be a case without precedent in Australia the media organisation,John Fairfax Pty Ltd, publishers of the Sydney Morning Herald and The Age newspapers, recently made application in the NSW Court of Criminal Appeal(NSWCCA) to have a name suppression order removed on two juveniles and their co-offending adult siblings.2 The prohibition on publishing their names meant that they could only be known by pseudonyms, namely their initials, on the premise that the naming of the adult brothers would automatically identify the younger ones. In a unanimous decision the NSWCCA (Spigelman CJ, Basten JA and Hislop J) rejected the application on jurisdictional grounds. The decision rested on the fact that current NSW legislation generally empowers a court to grant publication of identity only at the time of sentencing by the sentencing court (NSWCCA 2006).
Original languageEnglish
Pages (from-to)481-487
Number of pages7
JournalCurrent Issues in Criminal Justice
Volume18
Issue number3
Publication statusPublished - 2007

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title = "Abandoning identity protection for juvenile offenders",
abstract = "In what is believed to be a case without precedent in Australia the media organisation,John Fairfax Pty Ltd, publishers of the Sydney Morning Herald and The Age newspapers, recently made application in the NSW Court of Criminal Appeal(NSWCCA) to have a name suppression order removed on two juveniles and their co-offending adult siblings.2 The prohibition on publishing their names meant that they could only be known by pseudonyms, namely their initials, on the premise that the naming of the adult brothers would automatically identify the younger ones. In a unanimous decision the NSWCCA (Spigelman CJ, Basten JA and Hislop J) rejected the application on jurisdictional grounds. The decision rested on the fact that current NSW legislation generally empowers a court to grant publication of identity only at the time of sentencing by the sentencing court (NSWCCA 2006).",
author = "Duncan Chappell and Robyn Lincoln",
year = "2007",
language = "English",
volume = "18",
pages = "481--487",
journal = "Current Issues in Criminal Justice",
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Abandoning identity protection for juvenile offenders. / Chappell, Duncan; Lincoln, Robyn.

In: Current Issues in Criminal Justice, Vol. 18, No. 3, 2007, p. 481-487.

Research output: Contribution to journalArticleResearchpeer-review

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T1 - Abandoning identity protection for juvenile offenders

AU - Chappell, Duncan

AU - Lincoln, Robyn

PY - 2007

Y1 - 2007

N2 - In what is believed to be a case without precedent in Australia the media organisation,John Fairfax Pty Ltd, publishers of the Sydney Morning Herald and The Age newspapers, recently made application in the NSW Court of Criminal Appeal(NSWCCA) to have a name suppression order removed on two juveniles and their co-offending adult siblings.2 The prohibition on publishing their names meant that they could only be known by pseudonyms, namely their initials, on the premise that the naming of the adult brothers would automatically identify the younger ones. In a unanimous decision the NSWCCA (Spigelman CJ, Basten JA and Hislop J) rejected the application on jurisdictional grounds. The decision rested on the fact that current NSW legislation generally empowers a court to grant publication of identity only at the time of sentencing by the sentencing court (NSWCCA 2006).

AB - In what is believed to be a case without precedent in Australia the media organisation,John Fairfax Pty Ltd, publishers of the Sydney Morning Herald and The Age newspapers, recently made application in the NSW Court of Criminal Appeal(NSWCCA) to have a name suppression order removed on two juveniles and their co-offending adult siblings.2 The prohibition on publishing their names meant that they could only be known by pseudonyms, namely their initials, on the premise that the naming of the adult brothers would automatically identify the younger ones. In a unanimous decision the NSWCCA (Spigelman CJ, Basten JA and Hislop J) rejected the application on jurisdictional grounds. The decision rested on the fact that current NSW legislation generally empowers a court to grant publication of identity only at the time of sentencing by the sentencing court (NSWCCA 2006).

M3 - Article

VL - 18

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EP - 487

JO - Current Issues in Criminal Justice

JF - Current Issues in Criminal Justice

SN - 1034-5329

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