Info Sheet 125 – Reporting Restrictions for children involved in criminal proceedings in Scotland

The naming of children accused or convicted in Scottish criminal court proceedings is comparatively
rare, resulting in limited case law and literature (McInnes, 2019). Where a child is named the
implications for that child, their family and others involved in their life are significant. This information
sheet has been developed following recent cases where there was concern a child could be named;
potentially identifying information of a child was published; and a child was named on social media or
in other publications. It clarifies the legal position on reporting restrictions, before highlighting the
process for courts dispensing with restrictions and arguments that defence lawyers and local
authorities might want to consider if faced with having reporting restrictions dispensed with.