Openness family proceedings: International comparisons
| Jurisdictions | Public attendance | Press attendance | Reporting restrictions | Penalties for breaching reporting restrictions |
| | Public allowed to attend. s97(1) Family Law Act 1975 | Press allowed to attend. s97(1) Family Law Act 1975 | Restrictions on public dissemination of details of proceedings s121(1) Family Law Act 1975 | Offence punishable, upon conviction by imprisonment for a period not exceeding one year. s121(1) Family Law Act 1975 |
| | Public allowed to attend. s212(1) Family Court Act 1997 | Press allowed to attend. s212(1) Family Court Act 1997 | Restriction on publication of court proceedings that identifies: • A party to the proceedings • A person • A witness in the proceedings s243 Family Court Act 1997 | Financial penalty, imprisonment s243 Family Court Act 1997 |
| | Proceedings are heard in private. The following persons are allowed to attend: the Officers of the Court, the parties, their counsel, witnesses and such other persons as the presiding judge of the Court may require. s10 (3) Family Court Act, RSNS. 1989,c. 159 | Press allowed to attend. s10 (3) Family Court Act, RSNS. 1989,c. 159 | No reporting by media is permitted on family proceedings. s10 (1) Family Court Act, RSNS. 1989,c. 159 | Imprisonment, fine, penalty. Art 2 (1)(a), Summary Proceedings Act, C450 of the revised statutes,1989 |
| | Proceedings are heard in private. s45(4) Child and Family Services Act, RSO 1990, c. C11 | Limited number of representatives are allowed in. s45(5-6) Child and Family Services Act, RSO 1990, c.C11 | Reports on family proceedings are allowed but they don’t have to contain information of the child, witness or person linked to the case. s45(7-8) Child and Family Services Act, RSO 1990, c.C11 | Imprisonment, fine. S85(3) Child and Family Services Act, RSO 1990, c.C11 |
| | Public allowed to attend. s3 | Press allowed to attend. s3 | Reports on proceedings are permitted if information released do not disclose identity. s3 | |
| | Sittings are generally heard in public. Code of Civil Procedure, RSQ c. C-25, Book 1, Title I, art 13 | Media is allowed if they prove their capacity to attend sittings. Code of Civil Procedure, RSQ c. C-25, Book 1, Title I, art 13 | Reports are permitted provided they do not contain identifying information. Code of Civil Procedure, RSQ c. C-25 Title IV, Chapter 1, Division II, art 815.4 Youth Protection Act RSQ, chapter P-34.1 art 83 | Liable to a fine. Youth Protection Act RSQ, chapter P-34.1, art 135 |
| | Only the parties, their representatives and witnesses attend family hearings. s29 Child Care Act 1991 | Press not allowed to attend. s29 Child Care Act 1991 | Reporters on family law (barristers or solicitors) are allowed to provide reports with identifying information withheld. s40 of the Civil Liability and Courts Act 2004 | Fine or imprisonment. s31(3) Child Care Act 1991 |
| | The following persons are allowed to attend: • Officers of the Court • Parties to the proceedings and their lawyers • Lawyers appointed under section 7(1) • Witnesses • Persons the Court agrees to hear under section 136 • Persons who may attend under section 138(2)(b) • Persons whom the Judge permits to be present s137(1) Care of the Children Act 2004 | Accredited news media reporters are allowed in. s137(1)(g) Care of the Children Act 2004 | Allow publication of reports but identifying information is to be withheld. s139 Care of the Children Act 2004 | For individuals: • Fine of $200 • Imprisonment For a company: • Fine of $10,000 • Imprisonment s139 Care of the Children Act 2004 |
| | Family proceedings are heard in private. Art 170(1) The Children ( | Family proceedings are heard in private. Art 170(1) The Children ( | Reporting is allowed if no identifying information is disclosed. Art 170 The Children ( | Financial penalties. Art 170(9) The Children ( |
| | Children (Panel) Hearings can be by: • A member of the Council on Tribunals, or of the Scottish Committee of that Council s43 Children ( Informal Child Welfare hearings can be called by a sheriff and held in private. | The following persons are allowed to attend a children’s hearing: • A bona fide representative of a newspaper S43 (b) Children ( | No reporting is permitted. s44 (1) Children ( | Financial penalties. s44 (2) Children ( |
No comments:
Post a Comment