Preventing Secondary Victimisation Through Anonymity

This note examines the decision of the Court of Appeal in R (Gazette Media Company Ltd) v Teesside Crown Court1 where the Court was asked to rule on the legality of an order under s.39, Children and Young Persons Act 1933 purporting to ban the identity of the victim and defendants in a prosecution. The facts of the prosecution are set out below but the interesting issues that arise from this decision come not so much from the facts and decision (which was, to an extent, inevitable) but rather from the fact that the current law does not, in our opinion, adequately protect children from secondary victimisation and that the courts have erred in their current understanding of the legal position.