The application about naming the two young defendants in the fatal crash case (above) was on the basis of provisions of the Children's Act 2001, dealing with prohibition of identity of accused aged under 18.
It was submitted that provisions of the Children's Act referred only to "any proceedings before the court" and that the Act defined the "court" as "the Children's Court". It was submitted that the legislation clearly drew a distinction between the Children's Court and the other courts and its provisions did not apply to the Circuit Criminal or Central Criminal Courts.
Judge Desmond Hogan agreed with Ms Mary Ellen Ring SC, for the defence, that there appeared to be a dichotomy in the legislation which allowed for the protection in the Children's Court of the identity of a "child" from the age of seven to 18 as defined in the Act, but did not provide for that in the Circuit Criminal and Central Criminal Courts.