Anonymity

Question 1

What law guarantees anonymity for juveniles ?

Answer 1

Section 49 children and young persons act 1933

Question 2

What must reporting of youth courts not contain? What is this according to?

Answer 2

According to section 49 of the children and young persons act 1933

Reporting of youth courts must not contain
- names
- addresses
- school
- workplace
- still or moving images
- anything that leads to identification

Or child defendants, victims and witnesses

Question 3

What does the ipso editors code of practice say about naming children in crimes?

Answer 3

Clause 9: reporting of crime - editors should avoid naming children under 18 arrested for crimes before they appear in court unless they can prove

• individuals name is already in public domain
• parent has given consent

Question 4

What does the ipso code relating to reporting on children and the section 49 of children’s and young persons act - mean for reporting children’s identities before and during trial?

Answer 4

Editors code clause 9 : should not report child defendants name before youth court unless can prove its already in public domain or parent has given permission

Section 49 of children’s and young persons act - as soon as trial starts -
Name
Address
School
Workplace
Picture
Anything that could identify any kid involved in court process cannot be identified

Question 5

If a child defendant is transferred from youth court to crown court - what anonymity laws protect them ?

Answer 5

Youth court - section 49 children and youth persons act 1993

Crown court - section 45 youth justice and criminal evidence act 1999

Question 6

When does/ can the protection laws on a child’s identity stop? Appeal to laws

Answer 6

• when they turn 18
• if a judge grants the laws can be lifted following application from media outlets saying the crime is so serious this law should be abandone. This is under section 45 youth justice and criminal evidence act 1999

Example - judge lifted ban after cormick was sentenced for stabbing Teacher to death

Question 7

What is jigsaw identification?

Answer 7

According to section 49 of the children’s and young persons act we need to avoid anything that could identify a young defendant. This is the same with section 45 of youth justice and criminal evidence act 1999
This includes not naming them but providing enough detail that would be sufficient enough for them to be identified given what is already out there. If some people could identify him by what you say - it is not safe to report.

Need to consider - what other papers are publishing, if friends and family could identify based on detail you publish, what is already out there

Question 8

What is the maximum fine for breaching section 49 of children and young persons act

Answer 8

5000 + court costs and legal bills

Question 9

Can we name someone before they’ve been charged?

Answer 9

No would likely breach strict liability rules of contempt of court act 1981

Could also be defamation issue !

Question 10

Sometimes we can get lifetime anonymity injunctions- what conventions justify this ?

Who’s got one?

Answer 10

Article 2 - the right to life
Article 3- the right not to be tortured

From European convention of human rights embedded into the human rights act 1998

Can grant lifetime anonymity injunctions

• Jon venables and Robert thompson

Question 11

In civil cases- what law prevent juveniles from
Being identified ?

Answer 11

Section 39 of children and young persons act 1933

Question 12

In civil proceedings, when can section 39 of children’s and young persons act that
Prevents reporting of children’s identifies stop?

Answer 12

When they turn 18
- if challenged by journalist who speaks to clerk, judges…
- if youth court makes CRIMINAL BEHAVIOUR ORDER - allowing them
To named