Download This Paper'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
11 Pages Posted: 26 Aug 2013
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: Suggested Citation
Thomas Crofts (Contact Author)
The University of Sydney Law School ( email )
New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
The Chinese University of Hong Kong ( email )
6/F, Lee Shau Kee Building
Shatin, New Territories
Kowloon, Sha Tin
Hong Kong