Media Law - chapter 3 - juveniles Flashcards
what are the acts surrounding Juveniles?
Legislation – Children and Young Persons Act 1933.
u Youth Justice and Criminal Evidence Act 1999.
What is the status of juveniles before proceedings?
They technically do not have anonymity but IPSO clause 9 says we should not name them
what is the age range of a juvenile?
over 14 but under 18 (anything under is a child)
Can members of the press attend youth courts?
bona fide representatives of the press can attend s.47 CYPA 1933
Should dead juveniles identity be protected?
no
where will severe youth crimes go (like the Venables case)?
Crown court
Section 49 Children and Young Persons Act 1933?
Anything that leads to the identification of any child or young person involved in Youth Court
proceedings
which juveniles are entitled to anonymity?
defendants, witnesses and victims
what is jigsaw identification?
A description could be enough to ID them
* It need only be proved that it was ‘likely’ to identify the child, not that it in
fact did
what are the more niche ways that jigsaw identifciation can occur?
Can also happen when two or more media organisations cover the same case
u Each report may preserve anonymity
u But if someone reads, sees or hears different reports and combines them, they
might recognise someone granted anonymity
u Can happen if a media outlet publishes several stories on the subject and
identification is accumulated
what is the most common punishment for jigsaw identication?
fine
when does section 49 (juveniles) cease to apply?
if defendant is unlawfully at large
court satisfied of public interest
when can juvenile cases go to crown court?
if its a homicide or co-defendant is an adult
does the anonymity expire once defendant turns 18?
yes
does anonymity stay for witnesses?
yes
what are the acts that state that anonymity expires when a juvenile turns 18?
Anonymity under Section 49 of the Children and Young Persons Act
1933 and Section 45 of the Youth Justice and Criminal Evidence
Act 1999 expires when the Juvenile turns 18.
when is there a defence for publishing perpatrators identity?
if info is already in public domain