Current status: Answered by Angela Constance on 17 June 2025
To ask the Scottish Government what consideration it has given to changing the rules on anonymity and reporting in the criminal justice system.
An open and transparent criminal justice system is important to allow for justice to be delivered and seen to be delivered so communities can have confidence in how offending behaviour is being dealt with. However, there can be areas of the operation of the criminal justice system where it is considered appropriate to allow certain individuals to remain anonymous to protect their dignity and privacy while still ensuring justice is able to be delivered.
Provisions to introduce new statutory anonymity protections for sexual offence victims as well as victims of certain other offences are contained in the Victims, Witnesses, and Justice Reform (Scotland) Bill which is currently before Parliament. If approved, the legislation will introduce these new protections to help protect the dignity of victims of these offences.
We held a public consultation on media reporting on child homicide victims between 9 July 2024 and 1 October 2024. We asked for views on a range of possible approaches to reducing the trauma that media reporting can have on bereaved families, and on the wider impacts those approaches might have. This included inviting views on legislating to provide automatic or ‘on application’ anonymity for child victims. The analysis of consultation responses was published on 24 February 2025.
The consultation made clear that there would be serious complexities with legislating to anonymise the victims of child homicide in a way that avoided unintended consequences (like criminalising bereaved family members); that struck a robust balance between privacy rights and freedom of expression; and that could be enforced in practice. However, many of the experiences highlighted in consultation responses vividly illustrate the need for more sensitive reporting on these cases. We are therefore working with stakeholders to explore a range of non-legislative measures including support materials for bereaved families, media guidance and training. Further detail is available on the Scottish Government website.
The Children (Care and Justice) (Scotland) Bill – which underwent Parliamentary consideration from 2022 to 2024 – contained provisions, on introduction, extending the anonymity for child suspects, accused, victims or witnesses both prior to and subsequent to any criminal court proceedings. This followed public consultation, with the analysis published on 8 September 2022. The provisions were further amended at Stage 2 to extend that, in relation to child victims and witnesses, anonymity could continue after a person turns 18 just as was the case for child suspects/accused. These provisions were amended out at Stage 3. Scottish Ministers gave a full account of the reasoning to the Parliamentary chamber. This is contained in the Official Report of 24 April 2024.