Anonymity

Question 1

What is the Legislation about Juveniles in Youth Court

Answer 1

Children and Young Person Act 1933, Section 49

Question 2

What can be published about anyone in Youth Court

Answer 2

Nothing - automatic anonymity. No name, address, school, workplace, still or moving picture on anyone involved in proceedings under the age of 18

Question 3

When does the automatic anonymity cease to apply?

Answer 3

Section 49 gives a youth court power to lift a juveniles anonymity to avoid injustice - to help trace a witness, to quash rumours or if the juvenile is unlawfully at large, the Director of Public Prosecutions can lift restrictions after there is a charge of a serious offence

Question 4

What Act relates to juveniles in adult courts

Answer 4

Youth Justice and Criminal Evidence Act 1999, Section 45

Question 5

Is there automatic anonymity when a juvenile is on trial in an adult court

Answer 5

No

Question 6

What Act bans the media from identifying a juvenile in the crown court

Answer 6

Anonymity of juveniles is discretionary in the crown court so a ban can be done through Section 45 of the Youth Justice and Criminal Evidence Act 1999

Question 7

What is the Law relating to Sexual Offences trials

Answer 7

Sexual Offences (Amendment) Act 1992

Question 8

Do victims of sexual assault have lifelong anonymity

Answer 8

yes

Question 9

What can be published about a victim of sexual assault

Answer 9

Nothing; no name, address, school, workplace, still or moving picture

Question 10

How can a victim of sexual assault be identified

Answer 10

Victim can sign a written waiver to consent to be identified - but most not interfere with their ‘peace and comfort’ to obtain it

Question 11

What does Contempt of Court Act 1981 Section 11 say

Answer 11

There is anonymity for defendants in blackmail, national security and commercial secrets cases

Question 12

What does the Youth Justice and Criminal Evidence Act 1999 Section 46 say

Answer 12

Lifelong anonymity for adult witnesses if they are in fear or distress of being identified

Question 13

How do you avoid jigsaw identification

Answer 13

Don’t publish any details about anonymous persons this includes their name, address, school/workplace, still or moving picture

Question 14

What are ISPO Clauses 7 & 11

Answer 14

A breach of the 1992 Act’s anonymity for victims/alleged victims also breaches Clause 7: “Children in sex cases” and Clause 11 “Victims of Sexual Assault”

There is a breachof clause 11 when anonymity in law was in place and it would also breach clause 2 as regards intrusion into privacy

Question 15

Who else is given lifelong anonymity under the Sexual Offences (Amendment) Act 1992

Answer 15

Human Trafficking Victims

Question 16

What new Legislation has been developed about female genital mutilation

Answer 16

Female Genital Mutilation Act 2003 - victims are entitled to lifelong anonymity under new provisions