SHOULD LEGAL PROCEEDINGS TAKE PLACE IN PUBLIC OR NOT

Should Legal Proceedings Take Place in Public or Not



Introduction

There is a recognized belief that legal proceedings must be carried out openly in general public. On the other hand, the law also acknowledges that there are situations where, in the interests of fairness or to guard the rights of people, it is required to restrain the exposure of legal proceedings, for example, delaying of court reporting, or to avoid publication of the information of certain parties, or to limit the publication wherever it is essential.

Courts in the United Kingdom, believe that publicizing court proceedings is disruptive to the proceedings and can unfairly spoil the process. Several laws are limiting the exposure of legal proceedings. Most of them are related to the personal information of the sufferers of sexual harassment. The personal information is also restricted to publish the information of the people under the age of 18. Breaching a restriction of reporting is committing an illegal offence. Following is a concise review of the law where and to what extent it is restricted.

 

Delaying of Reporting

Court has the authority to delay the publication of any report related to proceedings, for any necessary extent of period. Before making such an order, the Court must be satisfied that delaying is required to avoid a considerable risk of serious prejudice to the proceedings or pending proceedings.

Protecting Identification of People

Court has the authority to order that a material, including the names of people or any other personal information must be hidden from the public sitting in court, and also from the media that is covering the case. However, in case of harassment, it is allowed to publicize the person who is the culprit.

 Legal Proceedings Involved people under 18

Children under 18 can be involved in all kinds of legal proceedings and in acknowledgment of the fact that they are usually more helpless than adults, the law seeks to guard their rights in numerous ways. It is not allowed to publish the personal information of the young children.

Courts of Youth

Reporting of proceedings in the Court of Youth should not include the address, name of the child, information of school or any other particulars expected to lead to the personal information of a person under the age of eighteen, who is involved in the proceedings as witness or defendant or containing of a picture that shows the young person.

Courts of Adult

In all other courts, there is no automatic restriction limiting the identification of individuals under the age of eighteen involved in the proceedings. On the other hand, in a lot of cases where people under 18 do appear in legal proceedings, either as witnesses or defendants, the court makes an order specifically banning credentials and other information expected to lead to the identification.

Proceedings Involved Sexual Harassment

Victims of the sexual harassments are guaranteed secrecy by the law. Once the claim has been made that an individual has been the sufferer of such a crime, no matter may be ...