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The naming of child homicide offenders in England and Wales: the need for a change in law and practice

Version 2 2024-06-03, 22:02
Version 1 2016-05-21, 10:09
journal contribution
posted on 2024-06-03, 22:02 authored by K Fitz-Gibbon, Wendy O'BrienWendy O'Brien
Judicial decisions about whether or not to publicly name child homicide offenders have long ani- mated 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 transpar- ency; 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.

History

Journal

The British journal of criminology: an international review of crime and society

Volume

57

Pagination

1061-1079

Location

Oxford, Eng.

ISSN

0007-0955

eISSN

1464-3529

Language

English

Publication classification

C1 Refereed article in a scholarly journal, C Journal article

Copyright notice

2016, The Author

Issue

5

Publisher

Oxford University Press