Anonymity

Question 1

What’s the definition of juvenile?

Answer 1

Anyone under age of 18

Question 2

Can children under age of 10 be prosecuted for a crime?

Answer 2

No, they haven’t reached age of criminal responsibility

Question 3

Where are juveniles tried?

Answer 3

Usually in youth courts. In same building as magistrate’s courts but with smaller courtrooms.

When denied bail, juveniles sent to custody or non-secure accommodation

Extremely serious cases will go to Crown Court

In serious cases juveniles will be sent to juvenile court then on to Crown Court for trial

They’ll be sent to Crown Court if charged with an adult

Question 4

Who can enter a juvenile court?

Answer 4

Public are not allowed in whether the juvenile is defendant, victim or witness

Sometimes exemptions apply on public entering to see offender sentenced.

Question 5

What does Section 47 of the Children and Young Person’s Act 1933 specify?

Answer 5

That journalists are allowed to enter a juvenile court.

Question 6

What punishments can juveniles expect?

Answer 6

Community sentences: youth rehabilitation order for curfews, unpaid work or mental health treatment

Absolute and conditional discharges

Fines

Most one time youth offenders are referred to a youth offender panel which helps them address their behaviour

In serious offences, youth courts can make detention and training orders of 4 months to 2 years, half in custody and half under supervision.

Parenting orders can be given

Question 7

What protects young people from being identified in court?

Answer 7

The Children and Young Persons Act 1933 Section 49

Sets automatic restrictions on identifying juveniles in youth court, including defendants, witnesses and victims.

Section 49 only applies when proceedings are active. But publishers should consider ethical considerations and defamation in naming a young person.

An order can be made under Section 39 of the Act specifically bans identification of a child under 18’s school and any image of them being included in a report of the case

Question 8

Where does Section 49 Children’s and Young Persons Act apply?

Answer 8

Crown Court hearings of youth court appeals.

High Court hearings of appeals from youth court.

Applies in magistrate’s court for breach, revocation or amendment of youth rehabilitation orders

DO NOT apply to Crown Court proceedings involving juvenile sent for trial or committed there for sentence.

Question 9

Can any identifying details can be given about an under 18?

Answer 9

No, including:

• Name
• Address
• School (although after 205 amendment to section 49 you can mention if school is large. Best practise is to ask the court if it’s in the public interest to mention)
• Pictures/videos
• Adult witnesses or adults mentioned in evidence should not be named as through jigsaw identification you may be able to work out who the child is.

Question 10

Which details can safely be mentioned about a youth without identifying them?

Answer 10

• May be able to mention town where crime was committed as doesn’t mean the child lived there

Question 11

What other precautions should be taken by media to avoid breaching Section 49?

Answer 11

Wary of readers comments - need to delete as soon as they’re discovered to be protected by the Regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002.

Question 12

What’s the punishment for breaching Section 49?

Answer 12

A maximum fine of £5,000. Proprietor, editor or publisher is liable for the breach.

Question 13

When does Section 49 Children and Young Person’s Act cease to apply?

Answer 13

• The young person has died
• If a juvenile turns 18 during procedings anonymity is immediately waived
• When a Section 49(5) is granted to give court power to lift anonymity. Would do this to:

*Identify witnesses who could give an alibi for the defendant
*Trace a juvenile at large who has committed a major offence, or is a repeat offender.
*If there is a public interest element. This would be for a convicted defendant.

It’s generally harder to get a Section 49(5) granted because crimes by young people are usually less severe, so less of a public interest element.

Question 14

How is anonymity protected when young people are in magistrates or crown court?

Answer 14

Section 45 of the Youth Justice and Criminal Evidence Act 1999 imposes anonymity in adults courts (magistrates or Crown)

Question 15

How is anonymity of young witnesses and victims protected in a Crown Court or magistrates court case?

Answer 15

Section 45A of the Youth Justice and Criminal Evidence Act 1999

Grants anonymity to encourage young people to give evidence

Can be granted if:

• Young person is under 18 when proceedings start
• Evidence is likely to diminish due to “fear or distress” at being identified in future

Once child reaches 18, they can give written consent for them to be referenced in the case. Media orgs must not pressure victims/witnesses to give this consent.

Question 16

When does Section 45 Children and Young Persons Act cease to apply?

Answer 16

Expire at age of 18 unless lifelong anonymity is granted

Question 17

When can Section 45 Youth Justice and Criminal Enterprise Act 1999 be challenged?

Answer 17

Restriction was shown as substantial and unreasonable and in the public interest to be lifted.

Examples:

• Prevents public knowing of an ongoing crime problem which needs to be tackled in school or other location
• Maintain public confidence in the justice system
• Giving anonymity would prevent an adult from being identified
• Lifting anonymity would deter others from committing a similar crime and being identified

Question 18

Which other anonymity protections are there for children?

Answer 18

Independent Press Standards Organisation (IPSO)’s Editor’s Code of Practice

Clause 5: Concerning children
Clause 6: Children in sex cases
Clause 9: Reporting on crime

Editors should generally avoid mentioning a young person’s name before they appear in a youth court unless they can prove name is already public or individual has given consent. But editor may consider on ethical grounds.

Question 19

How is anonymity of adult witnesses protected?

Answer 19

Section 46 of the Youth Justice and Criminal Evidence Act 1999

Grants lifelong anonymity for adult witnesses. Means that no matter relating to witness during their lifetime can be included in a publication if it is likely to identify them.

In particular these things cannot be included:

• Name
• Address
• Educational establishment/place of work
• Any still or moving picture

Can only be used when court is satisfied that:

• Quality of evidence will be diminished by fear or distress by being identified
• Granting anonymity will have proven effects on quality of evidence

CAN NOT BE USED FOR A DEFENDANT

Question 20

How can journalists argue against a Section 46 Youth Justice and Criminal Evidence Act 1999 (protects anonymity of adult witness)?

Answer 20

They can cite public interest - saying it places a substantial and unreasonable restriction on reporting

Question 21

How can a journalist defend when they’ve breached a Section 46 of Youth Justice and Criminal Evidence Act 1999?

(Adult anonymity)

Answer 21

When the witness has given written consent that journo can identify them

But this cannot be written under duress - or by interfering with witness’s ‘peace and comfort’

It’s also a defence if you can prove you weren’t aware the publication included identifying details.

Question 22

What’s a case study to talk about anonymity?

Answer 22

Pictures of Albert Bowers and Jessie Cole, who stood trial for murdering PC Andrew Harper in 2020 were taken when they were 17. Once they turned 18, the pictures were published as the anonymity under S45 of the Youth Justice and Criminal Evidence Act expires when defendants turn 18.