Consultation held on legal protection for murdered children’s identities

The Scottish Government has launched a consultation on plans which could see murdered children’s identities legally protected.

Currently, reporting restrictions in Scotland mean media organisations are unable to report the name of living victims, witnesses or perpetrators of crime in most circumstances, with the rules not extending to those who have died.

But the consultation suggests a number of changes that could be brought in, including amending legislation to provide automatic anonymity for deceased child victims, which could include an option for the family to apply to the court for a waiver.

According to a 49-page document published alongside the consultation, such a move could “reduce the trauma felt by bereaved families”, but the lack of a waiver could “take away any choice from the family regarding whether they can speak publicly about the circumstances of their child’s death”.

Another suggestion was not providing automatic anonymity, but allowing for an anonymity order to be applied for.

Speaking as the consultation opened, Justice Secretary Angela Constance said: “It is hard to imagine a more profound agony than that of losing a child.

“When that child is a victim of homicide, the heartbreak can be compounded by associated public and media attention.

“While such cases are rare, I have heard first-hand from families about just how devastating that sustained scrutiny can be.

“This consultation seeks views on how we can protect bereaved families from this additional trauma, while respecting the important principles of open justice and freedom of expression.

“We know from the views gathered so far, and from research into anonymity in other jurisdictions, that these are highly complex issues.

“This consultation provides an opportunity for a wide range of views on this sensitive and emotive matter.”

The consultation will close on October 1.