Abstract:
Children are afforded a number of protections when they encounter the criminal
justice system. The need for special protection stems from the vulnerable position
children occupy in society. When children form part of the criminal justice system,
either by being an offender, victim, or witness, they may be subjected to harm. To
mitigate against the potential harm that may be caused, our law provides that
criminal proceedings involving children, should not be open to the public, subject to
the discretion of the court. This protection naturally seems at odds with the principle
of open justice. However, the courts have reconciled the limitation with the legal
purpose it serves. For all the protection and the lengths that the law goes to protect
the identity of children in this regard, it appears there is an unofficial timer dictating
when this protection should end. The media have been at the forefront of this
conundrum to the extent that they believe that once a child (offender, victim, or
witness) turns 18 years old, they are free to reveal the child’s identity. This belief,
grounded in the right to freedom of expression and the principle of open justice, is at
odds with the child’s best interests, right to dignity and the right to privacy. It also
stares incredulously in the face of the aims of the Child Justice Act and the principles
of restorative justice. Measured against the detrimental psychological effects
experienced by child victims, witnesses, and offenders; this research aims to
critically analyse the legal and practical implications of revealing the identity of child
victims, witnesses, and offenders after they turn 18 years old.
