Media Law: 10 Reporting restrictions concerning children Flashcards
over what age can a child be prosecuted?
[2]
- 10 years old
- can become subject of child safety order
reporting children’s names before case comes to court
[3]
- allowed to publish names of any juveniles involved
- BUT NOT if contempt of court
- AND NOT if sexual offence
what can journalists do in Youth Courts?
[2]
- allowed access (public not)
- NO reporting identity of youths on trial UNLESS Home Secretary lifts reporting ban
what info might lead to ID?
[4]
- name/address/school
- any details identifying child
- photographs
- adults involved in the case which might reveal ID of children
name legislation restricting Youth Court reporting
[1]
- s49 Children & Young Persons Act 1933
situations in which s49 restrictions might be lifted
[3]
- avoiding injustice (e.g. another kid wrongly publicly ID’d as defendant)
- helps to trace suspect
- after conviction (if in public interest)
situations in which ID after conviction likely
[3]
- persistent or serious offender
- offence affected large number of people
- to help limit further criminal activity
situations in which lifting restrictions NOT preferable
[4]
- 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
when is s49 automatically lifted?
[1]
- when defendant turns 18
- can also write about previous Youth Court appearances
rules about children in adult courts (e.g. there’s an adult co-defendant)
[3]
- 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
JSB guidelines on s39 orders
[5]
- 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
considerations when imposing s39 order
[4]
- age and damaging effect of being labelled a criminal
- courts’ duty to protect children
- deterrent of public shaming
- public interest
s39 orders to protect family
[3]
- generally NOT allowed
- except: defendant’s rehabilitation is affected
- except: family member suffer trauma above normal levels
JSB guidelines on very young children
[1]
- less likely to be aware of / affected by publicity, so s39 not as relevant
guidelines on naming dead children
[2]
- generally fine
- shouldn’t affect living children
limits of s39
[3]
- 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)
who counts as being ‘concerned in’ courts
[3]
- defendants
- victims
- witnesses
the awkward situation of protecting adult defendants
[3]
- 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’
do paedos’ children get s39 protection?
[1]
- no they do not
issuing a s39 order: CLARITY
[3]
- ensure the specific children covered are made very clear
- draw up written copy ASAP, allowing journalists access
- include reference order in court lists
what does Ofcom say about children and crime?
[1]
- take care to regard vulnerable position of young witnesses/victims/defendants
what does PPC say?
[2]
- take care to regard vulnerable young witnesses/victims
- should not restrain the reporting of a crime
do we need to know about ASBOs?
- I don’t think so…
what other restrictions regarding young people may come to pass?
[2]
- s44 (YJCEA): no naming any children involved in police investigations
- s45 (YJCEA): same as s44 but for the courts, at courts discretion
