Reporting Juveniles & Sexual Offences Flashcards
Considerations
- Public Interest
- Juvenile defendant age
- Court can impose unlimited fines on reporters who breach anonymity restrictions
- Responsibility of the court
- Order applies only to those proceedings where imposed
- Child too young to need anonymity
- Deterrent effect
- ID of juvenile already in public domain
Juveniles in adult court
- More serious crime, charged with an adult co-defendant
- Judges can impose anonymity on juveniles in adult courts, not automatic
s45 YJCE Act applies to juvenile defendants, victims & witnesses:
- Doesn’t apply to adults
- Doesn’t apply to children not involved in proceedings
- Doesn’t apply to dead victims
Juveniles in civil proceedings
Court can make order under s39 children & young persons act 1933 to:
- provide anonymity in media reports
- for juveniles ‘concerned in the proceedings’
- not automatic
Lifetime anonymity for juvenile witnesses
s45a YJCE Act
Any criminal court may give lifetime anonymity in publications to juveniles & victims if:
- Person is in fear or distress about being identified
- s45a order cannot be made for defendant
- Court believes quality of juveniles evidence will be diminished if there’s no anonymity
Penalties
s85 Legal aid, sentencing & punishment of offenders act 2012:
- Courts have powers to impose unlimited fines to who breach any reporting restriction orders made under anonymity legislation.
Reporting criminal behaviour order applications (CBO)
Crime & Policing Act 2014
Breach of CBOs:
- Anti-social behaviour injunctions
Re-applications:
- youth courts = automatic restrictions apply
- adult court = reporting restrictions may be imposed
CBO’s can be used instead of other penalties
Consequences
- Summary trial in breach of relevant act
- Civil Suit
- Can be treated as contempt
= statutory law should take precedent
Children’s & Young Persons Act (CYPA)
Youth court = magistrates court hearing youth offences, lower level crimes
Automatic reporting restrictions on:
- Address
- Name
- School
- Photograph/film
- Any other details leading to identification
Youth Justice & Criminal Evidence Act (YJCE)
Reporting restrictions on juveniles involved in ‘adult’ proceedings
s45 Bans publication of name, address, school, photograph/film
s49 YJCE Act
Anonymity apples to juvenile defendants, victims & witnesses but s49 anonymity expires when juvenile turns 18.
s49 restrictions can be lifted by:
- avoiding injustice
- help trace a juvenile charged/convicted of a violent or sexual offence
- it is in the public interest
Not in the best interest to lift anonymity where:
- publicity may put offender and family at risk
- offender is young and vulnerable
- offender is ready to accept responsibility for actions
Challenges to youth court anonymity:
- Offence had an impact on people
- Persistent offender
- Need to alert others of behaviour to prevent more offending
Sexual Offences Act 1992
After an allegation is made, it is illegal to include any matter which is likely to lead members to the identification of the person in their lifetime.
Automatic as alleged or proven allegation
Sexual Offences Act 1992 Restrictions
Cannot report:
- name
- address
- school/other educational establishment
- place of work
- still or moving image
- anything else that could lead to the identification
- do not apply to defendants, they don’t receive anonymity
Restrictions apply even if:
- a complaint made is withdrawn
- the accused is acquitted (found not guilty)
- police don’t know anything about claim or case
- there isn’t enough evidence to prosecute but perpetrator is tried for a lesser offence
Sexual Offences Act 1992 Restrictions
Offences covered include (lifetime anonymity):
- forced marriage
- all from rape to voyeurism (non-sexual harassment)
- victims of female genital mutilation
- victims go human trafficking, modern slavery
Defence
Publisher may not be aware, didn’t suspect or had no reason to suspect publication breached the law.
Consequences:
- civil suit
- treated as contempt
- summary trial, under sexual offences act
Exceptions to identification
- If victims is dead you can identify
- False allegation
- Court agrees there isn’t enough evidence/witnesses to ensure a fair trial
- Victim consents to being identified
= Must be over 16, must be in writing, not been pressurised into it, parents can’t consent on behalf
