JUVENILES

Question 1

SECTION 50

Answer 1

YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999

Also, if a person has a Section 45A order – they can waive their anonymity

Must give consent in writing, and not interfere with peace and comfort

Person must have reached age of 18

Also, defence for breaking Section 49 Order
- If reporter can prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication included the matter or report in question.

Question 2

YOUTH COURT

Answer 2

Minor sentencing powers

Can impose:
- Community sentences, discharges and fines

• ‘Youth Rehabilitation Orders’ - community sentences that include unpaid work and curfews
• ‘Detention and Training orders’ between 4 months and 2 years
• ‘Parenting order’ - parents attend counselling

Question 3

SECTION 47 CHILDREN AND YOUNG PERSONS ACT 1993

Answer 3

gives ‘bona fide representatives of newspapers or news agencies’ the right to attend Youth court

Automatically in place in Youth Court

Question 4

SECTION 49 CHILDREN AND YOUNG PERSONS ACT 1933

Answer 4

Automatic anonymity to juveniles concerned in proceedings in youth court

Bans the publication of any detail which will lead to the identification of a defendant/juvenile concerned in/involved in youth court case

Anonymity begins when court proceedings begin

Applies for appeals to youth court decision in crown/high courts

• and magistrates hearings if there has been a breach of Youth Rehabilitation Order (if court announces it applies)

Does not apply to crown court hearings involving a juvenile sent there for trial or sentence

Question 5

YOUTH COURT CAN LIFT ANONYMITY

Answer 5

To avoid injustice - Could lift to identify a juvenile defendant whose lawyer says they want publicity to help trace witnesses to prove an alibi

Unlawfully at large – help trace juvenile on the run after being charged with or convicted of violent or sexual offence, or offence that an adult would be jailed for more than 14 years.

In the public interest – can lift anonymity of a juvenile it convicts if doing so is in the ‘public interest’. They must give the prosecution and defence the opportunity to argue for and against. This can be used if the youth court feels that the media should be able to identify – for the benefit of the community – a juvenile who persistently offends or committed a notorious crime

Statute is Children and Young Persons act 1933

Question 6

SECTION 45 YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999

Answer 6

ACTIVELY MADE

Anonymity to juvenile who is concerned in proceedings in adult court

Ends when they turn 18

Order must specify individual it covers

A court, because of open justice, should not make a section 45 order (or a section 39) merely because of a juvenile’s age, or to arbitrarily cover all juveniles in the case - there must be a good reason for each to grant anonymity

Question 7

SECTION 45A YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999

Answer 7

Lifelong anonymity for juvenile witness or victim/alleged victim

Can be used to protect juvenile who is in ‘fear or distress’ about being publicly identified as being concerned in the case

And without that anonymity the quality of their evidence or level of cooperation is likely to be diminished

Question 8

SECTION 39 CHILDREN AND YOUNG PERSONS ACT 1933

Answer 8

Grants anonymity to juveniles involved in civil cases

Must be imposed by the court ‘in relation’ to the proceedings

Expires when juvenile turns 18

Only concerns living children - high court has confirmed this

Question 9

GUIDANCE ON LIFTING ANONYMITY ORDER

Answer 9

Circumstances indicated in guidance are
- if the offending was persistent
- this was, many victims or serious
this was, e.g. its impact on some victims’ health
(c)
if offending had an impact on a number of people – e.g. these
victims [their families]
or
if alerting people to defendants’ behaviour would help prevent
further offending/might help ensure they do not reoffend