AddThis SmartLayers

Court reporters warned to expect ‘deluge’ of paedophile anonymity bids

scales-of-justiceCourt reporters have been warned to expect a “deluge” of bids for anonymity by convicted paedophiles following a recent judgement.

Tanya Fowles has issued the warning to fellow journalists after her right to name a sex offender was removed by a judge.

HTFP reported earlier this month how Tanya, was dealt the blow after a judge granted lifetime anonymity to the sex offender on the grounds that he could self-harm if named.

The decision, which is understood to be unprecedented, has raised potential child safeguarding issues regarding the public’s right to know about potentially dangerous offenders in their area.

Tanya, who covers courts in Northern Ireland in addition to her work as a BBC local democracy reporter, has now raised the issue with the Police Service of Northern Ireland.

She previously alerted the Office of the Lady Chief Justice and the Attorney General to the ruling at Newry Crown Court, made by Judge Gordon Kerr.

Speaking to HTFP, Tanya said: “Following Judge Kerr’s ruling, press are now braced for a deluge of similar applications.

“Over the last few years attempts to ban press naming offenders – the majority involving sexual allegations against an assertion of self-harm if identified – have more than quadrupled, despite no legislative or human rights changes.

“The press challenge these and usually succeed, although some orders remain in place until cases conclude. Extending anonymity post-sentence is a deeply troubling development.

“The press have repeatedly warned a two-tier system is being permitted to evolve, which not only impacts on open justice but is perilously close to affording sex-offenders enhanced status to slip quietly through the courts.”

Tanya had initially won the battle to name the paedophile, who admitted 22 offences involving possessing, distributing and making indecent child images.

But Judge Kerr subsequently granted him a temporary stay to support his claim for anonymity because he had threatened to self-harm if identified publicly.

The defendant, who is aged in his thirties and from County Down, was then given permanent anonymity in a later hearing.

Tanya’s attempts to establish if the offender was detained under the Mental Health Order at any stage including after sentencing have been stonewalled.

She has also warned applications for information under the Child Protection Disclosure Scheme may be impacted by the ruling.

Added Tanya: “The Child Protection Disclosure Scheme was introduced in 2015 allowing members of the public to apply for information relating to sexual and violent offenders who may pose a risk.

“The hard-fought legal amendment is an enhanced equivalent of ‘Sarah’s Law’ in England and Wales but is rendered void for this defendant.

“He could be living close to or frequenting child-centred facilities, and with his identity hidden the public cannot take steps to manage potential risk to children.”

Sarah’s law was introduced after the murder of seven-year-old Sarah Payne in 2000 and allows parents, carers or guardians to formally ask the police for information about a person who has contact with their child, or a child close to them, if they’re concerned the person may pose a risk.

A PSNI spokesperson told Tanya: “Any disclosure decision made under the scheme is on a case by case basis, with many factors taken into consideration including risk, sanctions and any orders placed by the courts including anonymity.

“All sex offenders are robustly managed by the Public Protection Arrangements for Northern Ireland (PPANI). These are multi-agency arrangements that risk assess and manage convicted sex offenders when re-entering society.”