Media reporting on child homicide victims: consultation analysis

Other comments and themes

Question 24: Do you have any other comments on this issue that you would like to share with us?

20 respondents provided an answer to this question directly. Many of the comments made have been addressed elsewhere in the report.

In response to this question, many media organisations re-iterated their view that the options involving automatic anonymity would be very likely to result in a successful legal challenge, on the basis that they encroached excessively on open justice.

Other comments included:

• a piecemeal approach to legislating for reporting restrictions in Scotland should be avoided with references made to provisions that were in the Children’s (Care and Justice) Bill and are currently in the Victims, Witnesses and Justice Reform (Scotland) Bill)
• provisions relating to reporting restrictions removed from the Children’s (Care and Justice) Bill at Stage 3 should be reconsidered, and strengthening reporting restrictions for a child accused could address some of the issues explored in this consultation:

“for example “Particularly traumatising for bereaved families was the constant juxtaposition of their loved one’s picture alongside the person responsible for their death” (Roundtable on the end point for anonymity for child victims, p.4). Additionally, some of the graphic details in relation to an offence and a victim that can be publicly documented when a child accused appeals their sentence could only be anonymously reported should these changes apply to child accused, which would further benefit child victims, including deceased victims, and their families. “ - Children and Young People’s Centre for Justice

• the complexity of these issues and the range of experiences was often raised throughout responses:

“Reducing this process to a tick list of characteristics (eg age of siblings) is to deny how complex this issue is. Some families will find great strength in public support, others may wish to grieve privately and others still may have the complexity of knowing a child died at the hands of a previously trusted loved one. There cannot be one approach or process that will deal adequately with each of these variables. It needs a nuanced, considered, proportionate response with a range of possibilities for families wishing to maintain their privacy and dignity at a time of loss”. – Scottish Association of Social Work

• there is a connection between the issues explored in the consultation and the principle of trauma-informed justice with one respondent suggesting that trauma-informed journalism would go beyond the standard set out in existing codes of practice
• analysis should be undertaken to see how effective current reporting restrictions and criminal offences are, with reference made to section 47 of the Criminal Procedure (Scotland) Act 1995 and section 11 of the Contempt of Court Act 1981)

Other themes

Small number of cases

The thankfully small number of child homicide cases in Scotland was commonly raised by respondents, across all types, throughout consultation responses. Some respondents referred to this as a reason why such crimes draw so much attention:

“Precisely because of the merciful rarity of childhood mortality and child homicide, curiosity and concern are understandable human reactions in any community confronting this kind of situations. In the aftermath of such crimes, communities often experience a powerful need to come together to share their grief, to support survivors, and to mark the loss they have collectively experienced.” – individual, legal professional

However, some victim support organisations expressed concerns, on behalf of those bereaved, that this is “often cited as a justification for increased public interest, and by extension, media attention”.

Many responses from media organisations stated that the small number of cases was a specific reason not to legislate for anonymity as this would be a disproportionate response.

Case examples

Many respondents, in order to put their views in context, referred to specific cases of child homicide. These have not been referred to directly in this analysis to avoid re-traumatisation of bereaved familes who may read this report. However, the variety of case examples given do illustrate the wide range of circumstances in which child homicides take place and the complexities that are often involved.