'Naming and Shaming' in Western Australia: Prohibited Behaviour Orders, Publicity and the Decline of Youth Anonymity

Criminal Law Journal, Vol. 35, No. 1, pp. 34-45, 2011

Sydney Law School Research Paper No. 13/57

11 Pages Posted: 26 Aug 2013

See all articles by Thomas Crofts

Thomas Crofts

The University of Sydney Law School

Normann Witzleb

Monash University - Faculty of Law; The Chinese University of Hong Kong

Date Written: 2011

Abstract

The Western Australian Parliament has passed the Prohibited Behaviour Order Act 2010. This Act enables a court to prohibit a person aged 16 years or over who has been convicted of an offense with an anti-social element from engaging in otherwise lawful behaviour that the court regards likely to increase the chances that the person will commit a further such offense. The Act provides that details of the person and the order will be posted on a departmental website even in the case of the young and that anyone is free to republish that information. This paper reviews the traditional stance of the law relating to publication of child offending before discussing the pros and cons of how prohibited behaviour orders will affect this position.

Keywords: prohibited behaviour orders, publicity, shame, young people, anti-social behaviour, open justice

JEL Classification: K10, K14, K30

Suggested Citation

Crofts, Thomas and Witzleb, Normann and Witzleb, Normann, 'Naming and Shaming' in Western Australia: Prohibited Behaviour Orders, Publicity and the Decline of Youth Anonymity (2011). Criminal Law Journal, Vol. 35, No. 1, pp. 34-45, 2011, Sydney Law School Research Paper No. 13/57, Available at SSRN: https://ssrn.com/abstract=2315885

Thomas Crofts (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Normann Witzleb

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

The Chinese University of Hong Kong ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Kowloon, Sha Tin
Hong Kong

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