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IHREC welcomes ruling on ‘aged out’ children

The Irish Human Rights and Equality Commission (IHREC) has welcomed a Supreme Court judgment that it says has provided clarity on the issue of the loss of anonymity for children who turn 18 before the completion of a criminal process. 

IHREC had been joined in the case in its amicus curiae (friend of the court) function. 

The Supreme Court found that courts should consider granting remedies in cases where a defendant has lost the right to anonymity due to prosecutorial delays. 

High Court challenge 

The court was delivering a unanimous judgment in the cases of Doe (1), Doe (2), Doe (3) v DPP, which involved three people who are charged with criminal offences, alleged to have been committed when they were under 18 years. 

Before being charged, these individuals turned 18 and, therefore, they were no longer entitled to statutory protections – including anonymity – provided for under the Children Act 2001. 

A High Court challenge taken by the individuals to prohibit the trial was unsuccessful. 

The High Court held, however, that the loss of anonymity was potentially prejudicial, and ordered reporting restrictions during the individuals’ trials. 

Both the State and the accused individuals appealed the decision of the High Court to the Supreme Court. 

Remedies 

The Supreme Court, in dismissing the appeal, found that, where a defendant had lost the protection of the Children Act due to prosecutorial delay, the court should consider granting remedies falling short of prohibition of the trial to address the effects of the breach on the interests of the defendant. 

The judges said that the relevant court could consider making an order of anonymity, equivalent to the protections set down in section 93 of the 2001 act. 

This would also permit a court to lift this order, on application by an appropriate person for the reasons set out in section 93 – including for public-interest reasons. 

IHREC had argued that a young person who turned 18 before the completion of the criminal process should be entitled to apply for anonymity in respect of offences allegedly committed as a child.