Media Law: 10 Reporting restrictions concerning children

Question 1

over what age can a child be prosecuted?

[2]

Answer 1

• 10 years old

- can become subject of child safety order

Question 2

reporting children’s names before case comes to court

[3]

Answer 2

• allowed to publish names of any juveniles involved
• BUT NOT if contempt of court
• AND NOT if sexual offence

Question 3

what can journalists do in Youth Courts?

[2]

Answer 3

• allowed access (public not)

- NO reporting identity of youths on trial UNLESS Home Secretary lifts reporting ban

Question 4

what info might lead to ID?

[4]

Answer 4

• name/address/school
• any details identifying child
• photographs
• adults involved in the case which might reveal ID of children

Question 5

name legislation restricting Youth Court reporting

[1]

Answer 5

• s49 Children & Young Persons Act 1933

Question 6

situations in which s49 restrictions might be lifted

[3]

Answer 6

• avoiding injustice (e.g. another kid wrongly publicly ID’d as defendant)
• helps to trace suspect
• after conviction (if in public interest)

Question 7

situations in which ID after conviction likely

[3]

Answer 7

• persistent or serious offender
• offence affected large number of people
• to help limit further criminal activity

Question 8

situations in which lifting restrictions NOT preferable

[4]

Answer 8

• ID might lead to harm of defendant / family
• defendant very young or vulnerable
• defendant sorry and prepared to take responsibility
• ID’ing defendant might ID victim

Question 9

when is s49 automatically lifted?

[1]

Answer 9

• when defendant turns 18

- can also write about previous Youth Court appearances

Question 10

rules about children in adult courts (e.g. there’s an adult co-defendant)
[3]

Answer 10

• allowed to clear court to make less intimidating (should establish video link for journalists)
• s39 Children and Young Persons Act 1933
• court can order NO reporting of anything ID’ing child

Question 11

JSB guidelines on s39 orders

[5]

Answer 11

• good reason (apart from age alone)
• onus lies with requesting party to show there is good reason
• balance welfare of child with public interest
• age and effect of labelling a criminal should be taken into account
• Article 10 HRA

Question 12

considerations when imposing s39 order

[4]

Answer 12

• age and damaging effect of being labelled a criminal
• courts’ duty to protect children
• deterrent of public shaming
• public interest

Question 13

s39 orders to protect family

[3]

Answer 13

• generally NOT allowed
• except: defendant’s rehabilitation is affected
• except: family member suffer trauma above normal levels

Question 14

JSB guidelines on very young children

[1]

Answer 14

• less likely to be aware of / affected by publicity, so s39 not as relevant

Question 15

guidelines on naming dead children

[2]

Answer 15

• generally fine

- shouldn’t affect living children

Question 16

limits of s39

[3]

Answer 16

• children not ‘concerned in’ courts
• anything before criminal proceedings (i.e. trial) starts
• children involved in other court cases (though obvs the other court can impose one for that case)

Question 17

who counts as being ‘concerned in’ courts

[3]

Answer 17

• defendants
• victims
• witnesses

Question 18

the awkward situation of protecting adult defendants

[3]

Answer 18

• naming an adult can lead to ID’ing a child
• courts have guidelines, but it’s generally left up to press to avoid breaking laws
• e.g. changing ‘incest’ to more vague ‘sexual offence’

Question 19

do paedos’ children get s39 protection?

[1]

Answer 19

• no they do not

Question 20

issuing a s39 order: CLARITY

[3]

Answer 20

• ensure the specific children covered are made very clear
• draw up written copy ASAP, allowing journalists access
• include reference order in court lists

Question 21

what does Ofcom say about children and crime?

[1]

Answer 21

• take care to regard vulnerable position of young witnesses/victims/defendants

Question 22

what does PPC say?

[2]

Answer 22

• take care to regard vulnerable young witnesses/victims

- should not restrain the reporting of a crime

Question 23

do we need to know about ASBOs?

Answer 23

• I don’t think so…

Question 24

what other restrictions regarding young people may come to pass?
[2]

Answer 24

• s44 (YJCEA): no naming any children involved in police investigations
• s45 (YJCEA): same as s44 but for the courts, at courts discretion