Challenge to new sex offence law which would have prevented media organisations from naming suspects such as Jimmy Savile to go ahead

Jimmy SavileJimmy Savile
Jimmy Savile
Media organisations have cleared the first stage in High Court challenges to a new law in Northern Ireland granting anonymity to sex offence suspects.

The publishers of the Belfast Telegraph and Sunday Life joined forces with the Irish News for the legal action against legislation which prohibits the naming of alleged perpetrators before they are charged or until 25 years after their death.

Concerns have been expressed that it could prevent the exposure of notorious offenders such as Jimmy Savile and also risks silencing victims.

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A judge was informed today that their applications for leave to seek a judicial review have been conceded.

The case will now advance to a full hearing on the merits of the challenges later this year.

Proceedings centre on relevant sections of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022.

The new law was introduced following a review of procedures in serious sex offence cases carried out by retired judge Sir John Gillen.

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Although Sir John recommended a prohibition on identifying those under investigation for sexual crimes prior to being charged, his report did not suggest extending anonymity beyond their deaths.

The new law passed by the devolved Stormont Assembly in 2022 sets Northern Ireland apart from the rest of the United Kingdom and the Republic of Ireland.

Lawyers representing the Irish News and Mediahuis, which also publishes the Sunday World, Sunday Independent and the Irish Independent, claim the legislation is incompatible with the European Convention on Human Rights.

A separate challenge to the lifetime anonymity clause is also being taken on behalf of Times Media Ltd and other London-based organisations.

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Concerns have been expressed that it could prevent the exposure of notorious offenders and risks silencing victims.

It was previously indicated that lawyers representing the Department of Justice intended to contest that the newspaper groups had established an arguable case at a preliminary stage.

But in court today David Dunlop KC, counsel for the Irish News and Mediahuis instructed by solicitor Fergal McGoldrick, confirmed that the Department has agreed to concede leave to apply for judicial review should be granted.

That indication means the substantive legal arguments can now be examined in full.

Mr Justice Humphreys listed the case for a two-day hearing in April.