Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether he has made an assessment of the potential merits of bringing forward legislative proposals to help protect the privacy of people affected by fatal or serious accidents.

The Government is committed to open justice which means criminal justice should be administered in public and subject to public scrutiny including media reporting. However, there are exceptions in statute or common law which: exclude the press/public from court for all/part of proceedings; permit information to be withheld from open court; or impose temporary/permanent bans on reporting of proceedings or part of proceedings (e.g. identity of those appearing).

Automatic reporting restrictions are applied to complainants in rape cases and all other sexual offences. There is a ban on reporting any matter that would identify a child or young person (under 18) in the Youth Court, whether that is a victim, witness or defendant. Victims of Female Genital Mutilation, Human Trafficking, and Forced Marriage are also granted automatic anonymity for life.

Lifetime anonymity can be granted to an adult witness or victim in any offence if the quality of the witness’s evidence or their co-operation is likely to be diminished by reason of fear/distress in testifying.

Reporting restrictions are a matter for judicial discretion - decisions on whether to impose these are made on a case by case basis by judges taking into account the circumstances of the case, the parties involved and the interests of justice.

In addition, the Victims’ Code is a practical and useful guide for all victims of crime to understand what they can expect from the criminal justice system. This includes victims of fatal or serious accidents where they constitute a criminal offence. We will consult on a new Victims’ Code in due course to ensure that we get the foundations for victims right.