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IHREC role in ‘aged out’ anonymity case

The Irish Human Rights and Equality Commission (IHREC) is to exercise its amicus curiae (friend of the court) function in a Supreme Court case involving three individuals.

The case deals with the loss of statutory protections for children who turn 18 before the completion of a criminal process.

The cases of Doe (1), Doe (2), Doe (3) v DPP involve 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, as a consequence, they are no longer entitled to statutory protections – including anonymity – provided for under the Children Act 2001.

Reporting restrictions

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 course of the trials of the individuals.

Both the State and the accused individuals are appealing this decision of the High Court to the Supreme Court.

Deirdre Malone (IHREC director) said that children who ‘aged out’ of the child-justice system lost the protections of that system – including anonymity.

“The reasons why children come to be charged with criminal offences are complex and layered.  If they are identified, they can face lifelong stigma. Such procedural protections allow young people to pave a path to successful rehabilitation,” she stated.