Reporting Restrictions: children under 18

Criminal Procedure (Scotland) Act 1995

Section 47 of the Criminal Procedure (Scotland) Act 1995 (here) prohibits the publication of the name, address, school or any particulars calculated to lead to the identification of any person under the age of 18 who is an accused, victim or witness in criminal proceedings.

Where a person under the age of 18 years is concerned in the proceedings as a witness only, and no one against whom the proceedings are taken is under the age of 18 years, the requirements shall not apply unless the court so directs.

This applies even when such details are revealed in open court.  The media may apply to have this restriction lifted through a court motion or by lodging a formal minute.

Formerly the Act covered children under the age of 16.  This change comes into effect from 1 September 2015.

Children and Young Persons (Scotland) Act 1937

Section 46 of the Children and Young Persons (Scotland) Act 1937 applies to civil proceedings and allows the court to make an order prohibiting publication of details calculated to lead to the identification of a person under 17 years of age concerned in the proceedings. Section 44 of the Children (Scotland) Act 1995 prohibits the publication of information that identifies or is likely to identify a child concerned in proceedings before a children’s hearing.