Defendant anonymity in sexual offence cases: comparative perspectives

In the United Kingdom, there are currently no statutory provisions granting anonymity to individuals accused of sexual offences. In England, Wales, and Northern Ireland, the decision to anonymise a defendant rests on judicial discretion. Anonymity may be granted wherever identification of the defendant poses a substantial risk to their human rights, under the Contempt of Court Act 1981, or if naming the accused would also cause identification of the complainant, contrary to their lifelong anonymity under the Sexual Offences (Amendment) Act 1992. This discretionary approach is only one of several that can be taken toward restricting the identity of accused persons in the context of sexual offences. This poster presents a comparative analysis of the laws of defendant anonymity, drawing on common law jurisdictions including the Republic of Ireland, Isle of Man, New Zealand, and the United States of America. A spectrum of approaches is explored, from discretionary frameworks like that found in New Zealand’s Criminal Procedure Act 2011 to rules-based systems that ensure automatic anonymity until conviction, as seen in the Republic of Ireland or Isle of Man. Through this comparative lens, this poster utilises the international perspectives to evaluate and assess the approach in the United Kingdom toward defendant anonymity in sexual offence cases.