Protecting Whom?

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Mr Justice George Birmingham (top) said he appreciated the ruling under section 252 of the 2001 Children Act involved a ‘radical departure’ from what had been a long established

This afternoon.

The Court of Appeal has ruled under section 252 of the 2001 Children Act that a dead child cannot be identified, when someone is charged with killing them.

Via Orla O’Donnell of RTÉ News:

The ruling also means that the person charged with the child’s murder or manslaughter cannot be named if by doing so, the child would also be identified.

The ruling came in an appeal taken by RTÉ and other media outlets in the case of a woman who was found not guilty by reason of insanity of killing her three-year-old daughter.

Mr Justice George Birmingham said the language of the statute was clear and unequivocal.

It enjoyed the presumption of constitutionality and must be given effect to, he said.

The judge ruled that if change was required, it was a matter for the Oireachtas.

Meanwhile..

Mr Justice Birmingham acknowledged the outcome may not be a particularly welcome one.

You can say that again.

Mr Justice Birmingham acknowledged the outcome may not be a particularly welcome one.

Thanks.

Court of Appeal rules on not identifying dead child (RTÉ)

RollingNews

4 thoughts on “Protecting Whom?

  1. Barry the Hatchet

    It is a straightforward reading of the statute I suppose. Very easy for the Oireachtas to amend this.

    What is the purpose of including a photograph of Birmingham J at the top of this? He wrote the judgment, but it was the unanimous judgment of a three judge court.

    1. Ron

      In your rush to dazzle us all with your legal opinion, you forgot one important clue Matlock.

      It’s because he is the current President of the Court of Appeal which also means he is the public face of the Court of Appeal.

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