The Naming of Child Homicide Offenders in England and Wales: The Need for a Change in Law and Practice

The Naming of Child Homicide Offenders in England and Wales: The Need for a Change in Law and... AbstractJudicial decisions about whether or not to publicly name child homicide offenders have long animated debate in the United Kingdom and internationally. This article draws on case law and in-depth interviews conducted with members of the English criminal justice system to critically analyse the viability of current domestic legislation in the context of the UK’s international human rights obligations. The article identifies ambiguities surrounding the definition of ‘public interest’ in law; the merits of equating the naming of child offenders with open justice, accountability and transparency; and the increasing sabotage of the principle of rehabilitation. By identifying the complexities of this contentious area of judicial discretion, this article highlights the need for a rights-based approach to decisions about publicly naming children in conflict with the law. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The British Journal of Criminology Oxford University Press

The Naming of Child Homicide Offenders in England and Wales: The Need for a Change in Law and Practice

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Publisher
Oxford University Press
Copyright
© The Author 2016. Published by Oxford University Press on behalf of the Centre for Crime and Justice Studies (ISTD). All rights reserved. For permissions, please e-mail: journals.permissions@oup.com
ISSN
0007-0955
eISSN
1464-3529
D.O.I.
10.1093/bjc/azw042
Publisher site
See Article on Publisher Site

Abstract

AbstractJudicial decisions about whether or not to publicly name child homicide offenders have long animated debate in the United Kingdom and internationally. This article draws on case law and in-depth interviews conducted with members of the English criminal justice system to critically analyse the viability of current domestic legislation in the context of the UK’s international human rights obligations. The article identifies ambiguities surrounding the definition of ‘public interest’ in law; the merits of equating the naming of child offenders with open justice, accountability and transparency; and the increasing sabotage of the principle of rehabilitation. By identifying the complexities of this contentious area of judicial discretion, this article highlights the need for a rights-based approach to decisions about publicly naming children in conflict with the law.

Journal

The British Journal of CriminologyOxford University Press

Published: Sep 1, 2017

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