Following the High Court judgement in London, by Mr Justice Nicklin, in relation to an individual seeking anonymity from being named in Press on the basis of threatened self-harm/suicide, press in Northern Ireland are to challenge three lifetime reporting bans granted to offenders who used the same application.
The judgment case of a PPT against Independent Television News (ITN) and Guardian News and Media clearly states: “The Court has concluded that the claims advanced in these proceedings do not provide a proper legal basis for restraining publication …. The Court held that, for these purposes, responsibility for the Claimant’s immediate safety rested with the psychiatric hospital and mental-health services.”
Press have consistently raised this when challenging anonymity applications which in the main are lifted as cases conclude, however three were ordered to remain after individual judges ruled in favour of retention, amounting to lifetime anonymity.
Until 2023 there were seven lifetime anonymity orders across the entire UK which are strictly reserved for offenders considered at third-party risk due to the revulsion of their crimes. None were under threat of self-harm.
In some instances, this involves those released from custody with new identities including Robert Thompson and Jon Venables who murdered toddler Jamie Bulger and Maxine Carr who lied for her then partner Ian Huntley who murdered Holly Wells and Jessica Chapman.
But Northern Ireland increased the figure to eight lifetime bans when a sex-offender was sentenced to a Probation Order at Newry Crown Court. He had anonymity as the case progressed through court and Press applied for this to be removed after sentencing.
The judge initially agreed however the offender promptly informed his counsel he would walk straight from the court and self-harm, so the judge reversed his decision.
At that point Press warned this was a dangerous precedent which was proved correct when another sex-offender, this time before Antrim Crown Court, made the same claims.
Press again sought removal of the order as the case concluded and as this offender was jailed it was argued this was an important safeguarding factor, potentially even more stringent than in the community.
The Press submission included the NI Prison Services procedures for those expressing self-harm/suicidal ideation as well as pointing out there was no mechanism for the offender to remain anonymous within the prison setting.
The judge ruled against Press stating: “People attempt suicide in prisons too.”
The figure then climbed to 10 when a judge in Magherafelt Magistrates’ Court ordered anonymity for a woman who self-reported poor mental health. The case involved the woman damaging her ex-partner’s car and was dealt with by a fine.
Press challenged this post-sentencing and the case was returned to court where the order was rescinded.
That dropped the number back to nine until another case emerged at Ballymena Magistrates’ Court where a woman threatened to self-harm if named after she was charged with assaulting multiple members of medical staff.
Again Press requested the ban to be lifted at sentencing, relying on previously highlighted factors including disproportionality of such an order.
Press again requested the ban be discharged and fought hard to point out lifetime anonymity was entirely disproportionate and should not be afforded because a defendant was essentially controlling the court and Press.
But the judge disagreed and ruled the order should remain bringing the total lifetime anonymity orders back to 10.
One of the points Press continue to raise is that threats of self-harm/suicide are often used in ‘catfishing’, domestic abuse and coercive control situations.
In these instances, defendants are charged with blackmail – the legal definition of which under UK law in Section 21 of the Theft Act 1968 is “A request or demand for money, property, silence, or another concession. The demand can be express or implied.”
That definition features when a person threatens self-harm if publicly identified.
Press have also questioned the repeated use of privately retained psychiatrists to compile reports in support of anonymity.
These are rarely from treating clinicians and generally always find potential risk, matching what is considered the threshold for anonymity, but none have referred the defendant for immediate in-patient assessment, despite the threshold mirroring Section 4 of the Mental Health Order (NI) 1986.
Therefore, whether clinicians assessing in private capacity for court purposes or treating, there is a requirement under Section 4 and General Medical Council best-practice to refer for safeguarding and mitigation of risk.
Press have pointed out that Article 2 Right to Life equally applies to the medical professionals and courts should focus on ensuring that it is fully upheld.
The Office of the Lady Chief Justice has been put on notice of the challenge to the three lifetime bans in Northern Ireland and a response is awaited.
