Commission granted leave to appear as amicus curiae
The Irish Human Rights and Equality Commission (‘the Commission’) has been granted leave by the Supreme Court to exercise its amicus curiae (‘friend of the court’) function, in a case that deals with the loss of statutory protections for children who turn 18 prior to the completion of the criminal process. The cases of Doe (1), Doe (2), Doe (3) v. DPP involve three individuals who are charged with criminal offences, alleged to have been committed when they were under 18 years. Prior to being charged, these individuals turned 18 and as a consequence they are no longer entitled to statutory protections provided for under the Children Act 2001, including anonymity. A High Court challenge taken by the individuals to prohibit the trial was unsuccessful. However, the High Court held 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. Having been joined as amicus curiae in this case, the Commission in its submissions will assist the Court in its consideration of the High Court decision with reference to national and international case law. Deirdre Malone, Director of the Commission stated:
“Children who ‘age out’ of the child justice system lose 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”.
ENDS/ For further information, please contact: Sarah Clarkin, IHREC Communications Manager, 01 8592641 / 087 4687760 sarah.clarkin@ihrec.ie