anonymity

Question 1

what is the age of criminal responsibility?

Answer 1

the age of criminal responsibility is 10

Question 2

in a court who is a juvenile?

Answer 2

an under 18

Question 3

who is a child

Answer 3

under 14

Question 4

who is a young person

Answer 4

14-17 years old

Question 5

what is the rules around reporting in youth court?

Answer 5

• only accredited journalists, not the public
  -reporting restrictions automatically ban identification of children/young people involved as defendants, victims ect

Question 6

where would a juvenile go for a serious crime?

Answer 6

crown court

Question 7

what section gives children automatic anonymity?

Answer 7

section 49 of the children& young person act 1933 gives automatic anonymity to all children and young concerned in youth court proceedings

Question 8

how does section 49 of the children’s and youth persons act 1933 achieve this?

Answer 8

it means no details that could identify a youngster should be published. name, addresses , stills or videos ect

Question 9

when would section 49 of the children and youth persons act 1933 be lifted?

Answer 9

-when someone turns 18
-to track down witnesses/avoid injustice
-public interest/repeated offended
-to track a young person

Question 10

what is the punishment for a breach of section 49?

Answer 10

unlimited fine

Question 11

what is a defence if found in breach of section 49?

Answer 11

if the person who posted the material had no reason to believe it was likely to identify a juvenile

Question 12

what is a relevant case study?

Answer 12

in 2006, a 14 year old girl repeatedly drink driving could be named but not photos of her or her school name, after this decision, she threw a punch at the prosecutor and hurled a jug of water at magistates

Question 13

what is the rules surrounding the identification of youths in an adult court.

Answer 13

there is no ban identifying a youngster concerned in proceedings at an adult court

Question 14

what is the section of the act that can ban a youth being identified in an adult court?

Answer 14

section 45 bans identification of specific juvenile. It means nothing should be posted that could lead to identification of the young person, this could mean leaving out details about the adult.

Question 15

when does a S45 anonymity ban end?

Answer 15

when the juvenile turns 18

Question 16

when can a section 45 be lifted?

Answer 16

-identify someone of a serious crime
- order seriously hampers with fair reporting

Question 17

what is a relevant case study to lifting a section 45 order?

Answer 17

Craig mullagan was allowed to be named because there was a significant gap in the case if he wasn’t, alongside his mother and step dad who murdered 5 year old.

Question 18

when would a Section 45A apply?

Answer 18

-bans identification of children pr young person, only applies to victims
-An order can be made if the person is considered to be in fear or distress about being identified and were under 18 when it started

Question 19

when does a section 45a expire?

Answer 19

never

Question 20

what does section 39 apply too?

Answer 20

under section 39 of the children’s and youth persons act 1933, courts can make an order of banning identification of any juvenile involved in a case

-coronors can make a s39 order for juvenile witnesses for an inquest

Question 21

what is jigsaw identification?

Answer 21

jigsaw identification refers to when someone in given anonymity under the law but could potentially be identified from numerous details. for example, a newspaper may give one detail and another may give another, both preserving anonymity or a series of reports

Question 22

how could newspapers prevent jigsaw identification?

Answer 22

make sure all agree to give the same details

Question 23

what is the ethical considerations around identifying a young person?

Answer 23

• the vulnerability of the potential witness or victim
• under 18s normally need parental consent to be interviewed filmed ect

Question 24

what does section 1.9 of ofcom read?

Answer 24

section 1.9 of ofcom states that broadcasters should take into consideration the venerability of the individual under 18 involved in court proceedings before posting details and should only post details if there is justifcation