NCTJ Court Reporting Practice Exam

According to the established precedents, what must be demonstrated for anonymity to be justified in court proceedings?

1. A history of harassment

2. A credible threat must be substantiated

3. The nature of the proceedings

4. The opinion of the judge

The correct answer is: A credible threat must be substantiated

For anonymity to be justified in court proceedings, it must be clearly demonstrated that there is a credible threat against the individual seeking anonymity. This means that the court must have evidence that supports the claim of potential harm or danger, which could deter individuals from participating in the legal process due to fears for their safety. This requirement serves to balance the rights of individuals to privacy and protection against the principles of open justice, ensuring that anonymity is granted based on objective, substantiated threats rather than subjective fears or unfounded concerns. In this context, while a history of harassment or the nature of the proceedings may inform the court's decision, they are not, in themselves, sufficient to justify anonymity. The opinion of the judge may also carry weight but must ultimately be based on credible evidence of a threat. Thus, the emphasis is on the substantiation of any claimed threat, making it the key factor in determining whether anonymity is warranted.