McNae's Essential Law for Journalists: part 2: Chapter 10: Juveniles in court proceedings

Question 1

Where are juveniles’ crimes predominantly dealt with?

Answer 1

Most juveniles charged with crimes are dealt with in youth courts by magistrates.

Question 2

What do reporting restrictions ban?

Answer 2

Reporting restrictions automatically ban identification of the juveniles involved, to protect their welfare.

Question 3

What about children under 10?

Answer 3

Children under the age of 10 have not reached the age of criminal responsibility.

Question 4

Who are juveniles mostly dealt with by?

Answer 4

Most juveniles who are prosecuted are dealt with by youth courts, presided over by magistrates or a district judge.

Question 5

What is the severity of the crimes dealt with in youth courts?

Answer 5

Most offences dealt with by youth courts are minor.

Question 6

What are the pre-trial reporting restrictions?

Answer 6

The automatic reporting restrictions apply to any hearing in a youth court where the case must be sent to the Crown Court and to any allocation hearings and to any type of sending or transfer hearing for a case in which there remains potential for a trial, wherever that trial may be.

Question 7

What has Parliament decided regarding admission to youth courts?

Answer 7

Parliament has decided that the public should not be allowed inside youth courts. But, journalists are allowed into youth courts to cover cases. Reporters may need to cite section 47 to be allowed into court.

Question 8

What are the section 49 automatic restrictions on identifying juveniles?

Answer 8

Parliament decided to shield all juveniles from publicity by banning the media from identifying them in any publication referring to their cases while they are under the age of 18.

The following matters in particular should not be included if likely to identify the juvenile:

• his/her name.
• his/her address.
• the identity of any school or other educational establishment he/she attends.
• the identity of any place of work.
• any still or moving picture of him/her.

Question 9

What about a dead juvenile victim or alleged victim?

Answer 9

A juvenile victim/alleged victim who is dead can be identified by the media.

Question 10

What do these restrictions mean?

Answer 10

The section 49 restrictions mean that media reports of youth court cases should not include any detail which could identify a juvenile concerned in the proceedings.

Question 11

When does the section 49 anonymity begin?

Answer 11

Its anonymity does not take effect until the first hearing begins in the youth court.

Question 12

When does section 49 anonymity cease to apply?

Answer 12

Section 49 anonymity automatically expires when the juvenile reaches the age of 18.

Section 49 allows a youth court to lift a juvenile’s anonymity for any of the following three reasons:

• To avoid injustice.
• To help trace a juvenile unlawfully at large.
• In the public interest.

Question 13

Is there a ban identifying juveniles in an adult court?

Answer 13

There is no automatic ban on identifying any juvenile as being concerned in the proceedings of an adult criminal court.

Question 14

What are the section 45 orders?

Answer 14

They give anonymity to those under the age of 18.

Section 45 says that the following matters in particular should not be included if likely to identify the juvenile:

• his/her name.
• his/her address.
• the identity of any school etc he/she attends.
• the identity of any place of work.
• any still or moving picture of him/her.

Question 15

When do the section 45 anonymity cease to apply?

Answer 15

Anonymity under a section 45 order automatically expires when the juvenile turns 18.

Question 16

What are the section 39 reporting restrictions in civil proceedings’ and coroners’ courts?

Answer 16

Juveniles concerned in civil law proceedings can be identified in the media as being involved in the case unless the court specifically forbids it.

Question 17

What is jigsaw identification?

Answer 17

Jigsaw identification describes the effect when someone to whom the law has given anonymity is nevertheless identifiable to the public because of a combination or acculumation of detail published.

Question 18

Recap of major points

Answer 18

• Most juveniles charged with a crime are dealt with by youth courts. The public cannot attend these courts but journalists can.
• Section 49 bans media reports from identifying anyone under the age of 18 as being involved in a youth court case.
• This anonymity can be lifted.
• There is no automatic anonymity for a juvenile involved in adult court proceedings.
• The same applies for juveniles involved in civil proceedings or inquests at coroners’ courts.