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NCTJ Essential Law Exam > Anonymity > Flashcards

Anonymity Flashcards

1
Q

What is the key legislation for anonymity in children?

A

Children and Young Persons Act 1933

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2
Q

What is the other key legislation for anonymity in juveniles?

A

Youth Justice and criminal evidence act 1999

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3
Q

What is a juvenile?

A

Someone under the age of 18. Child= under 14. Young person= 14-17. Criminal responsibility age= 10

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4
Q

What does Youth Courts do?

A
  • Deals with most juvenile cases

- The public do not have access, journalists do

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5
Q

What are the automatic reporting restrictions in a Youth court?

A

Automatic ID ban due to section 49 of Children and Young persons act 1933. Report must not reveal: Name, address, school, photos/videos. Anonymity ceases after 18.

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6
Q

When can the court lift the automatic ID ban?

A

To avoid injustice, unlawfully at large or in the public interest

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7
Q

Adult courts (Magistrates or Crown)

A

A juvenile might be at an adult court if an adult is co-accused or charged with a grave offence e.g. murder

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8
Q

Are there reporting restrictions on juveniles in an adult court?

A

Yes the Adult court discretionary ID Ban due to section 45 in Youth Justice and Criminal Evidence Act. NO AUTOMATIC BAN JUDGE HAS TO IMPOSE

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9
Q

What are the restrictions of reporting a juvenile in adult court?

A

IF A JUDGE IMPOSES.Yes. Dont reveal:

  • Name
  • Address
  • School
  • Pictures/videos
  • Due to section 45 there is a power to impose lifelong anonymity
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10
Q

Civil Courts

A

Discretionary ID ban section 39 Children and Young Persons Act 1933. NO AUTOMATIC BAN JUDGE HAS TO IMPOSE

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11
Q

What is the punishment if order is broken?

A

Unlimited fine or possible prosecution for contempt of court

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12
Q

What is the defence that can be used?

A

Youth Justice and Criminal Evidence Act 1999

  • Section 50(1)- publisher not aware, suspected or had reason to suspect that publication breached an anonymity order
  • Section 50(6A)- victim or witness gave written consent (but not while under 18)
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13
Q

What does the IPSO Editors code say about it?

A

Clause 6- Children. Do not approach/ interview/ photograph without parental/school consent
Clause 7- Children in sex cases. BAN on identifying children under 16 in sex cases

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14
Q

What does OFCOM have to say about it?

A

Section 1- Protecting the under 18s. Give regaed to potential vulnerable person who is not yet an adult. Need particular justification to identify a potential defendant.

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15
Q

What is the key legislation for sexual offences?

A

Sexual Offences Act 1992

Amended by the sexual offences act 2003

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16
Q

Sexual offences anonymity

A

Lifelong anonymity, as soon as an allegation is made, anonymity remains whether or not there is an investigation etc.

17
Q

What offences are included in the ban?

A

Rape, Assault by penetration, Sexual activity with a child, sexual assault, meeting a child after sexual grooming wtc.

18
Q

What situations can lifelong anonymity can be lifted?

A

Victim gives WRITTEN consent (if 16+)
If a case other than sexual offence in alleged
By order of court at defendants request
By order of the court to lift ‘substantial and resonable’ reporting restrictiosn

19
Q

What does IPSO say about sexual offences?

A

Clause 7- Children in sex cases- ban on identifying children under 16 involved in sex cases
Clause 11- Victims of sexual assault- ban on identification unless there is justification

20
Q

What is the key legislation for human trafficking?

A

Sexual offences act 1992

Modern Slavery act 2015

21
Q

What restrictions?

A

SAME AS SEXUAL OFFENCES

22
Q

What anonymity for adult witnesses in court can be ordered?

A

Section 46- Youth Justice and criminal evidence act 1999
Court can order lifetime anonymity for adult witness if quality of evidence is diminished by fear or distress of being identified or if it improves quality of evidence

23
Q

What is the legislation for anonymity for teachers?

A

Education Act 2011

24
Q

What restrictions are put in place for teachers?

A

Automatic lifelong anonymity to teachers for any offences they have committed against a pupil in school

25
Q

When can anonymity end for teachers?

A

If the teacher is charged
Written consent from teacher
Court lifts it in the interests of justice

26
Q

What is jigsaw identification?

A

The liability regarding information from different publications that can provide a combination of information for an anonymous subject

27
Q

IPSO Editors code on jigsaw identification

A

Adult should be identified
Child should not be
No report should hint a relationship

NCTJ Essential Law Exam (10 decks)

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