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The Banned Flashcards

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1
Q

What is a juvenile?

A

Someone under the age of 18

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2
Q

What is bail?

A

Someone Awaiting trial or appeal may be free to leave until the next hearing

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3
Q

What is a community sentence?

A

Unpaid community work under probation

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4
Q

Can under 10 year olds be prosecuted?

A

No as the courts see it as they do not know right from wrong

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5
Q

Where are you thought crimes dealt with?

A

They are dealt with in youth courts which are inside magistrates courts

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6
Q

Who precides over youth crime cases in court?

A

Magistrates or district judge

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7
Q

What is an absolute discharge?

A

When there is no punishment given

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8
Q

What is a conditional discharge?

A

When no punishment is given unless the offender reoffends within a time period

they will be charged for the previous and the new offence

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9
Q

What is a youth rehabilitation order?

A

It is a community sentence with for example a curfew and mental health treatment or unpaid work

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10
Q

What is a detention and training order?

A

Can last from four months to 2 years so half is spent in custody with training and the other half is supervised in the community

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11
Q

What is remand?

A

When someone is awaiting trial they can be remanded on bail or in custody

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12
Q

What are the different types of sentencing for a youth case?

A

Community sentence

absolute discharge

conditional discharge

fines

youth rehabilitation order

detention and training order

remand

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13
Q

Where are cases held for more serious offences?

A

Youths first appear in youth court to decide bail then they are sent for a trial at Crown Court

  • cases sent to crown court can be tried by a jury
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14
Q

What did section 52A crime and disorder act 1998 prevent?

A

Prevent the publication of any case evidence apart from the charge, previous convictions, anything to create serious prejudice,

In a preliminary hearing only - a hearing before any trial

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15
Q

Why can’t the public attend youth court cases?

A

To avoid juveniles suffering adverse contemporaneous publicity from their involvement

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16
Q

What does section 47 of the children and young persons act 1933 say?

A

Journalists have the rights to attend youth court hearings

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17
Q

What does section 49 of the children and young persons act 1933 say?

A

Any juvenile involved in proceedings eg defendants, victims (alleged), and witnesses are protected from publishing identification.

Name, address, place of school, place of work and any information that may give away their identity as well as any image is banned.

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18
Q

Why can a dead victim be identified?

A

Because they’re not concerned with proceedings.

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19
Q

Can adults as witnesses in youth courts be identified?

A

He’s as long as it doesn’t provide the identity of the juvenile

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20
Q

When does section 49 of the children and young persons act 1933 begin?

A

When the case reaches youth court

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21
Q

Does sec 49 apply to reports at crown court?

A

NO

The court may order a sec 45 of the youth justice and criminal evidence act 1999 - to restrict reporting the identity of victims, witnesses and defendants under the age of 18 who appear in magistrates’ courts and the Crown Court.

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22
Q

When may a youth court lift a section 49 children and young persons act?

A

1) to avoid injustice - rate - lawyer may say they want their juvenile client to have publicity to help trace other witnesses to prove an alibi
2) unlawfully at large - the juvenile is a threat to society - trace an individual after they’ve been convicted/ charged with a sexual/ violent offence
3) In respect of public interest - if there’s a benefit to the community - eg someone who persistently offends

23
Q

What are the possible breaches of a sec 49 children and young persons act 1933?

A

Anyone who breached the identification of a juvenile will be FINED

The editor/ publisher can be PROSECUTED but if they can prove at the time of publication they weren’t aware of the matter in question they could have a defence

24
Q

What is regulation 19 of the electronic commerce regulation 2002?

A

If someone posts a comment online identifying the juvenile defendant the comment should be immediately deleted as this will protect the organisations liability

25
Q

When does sec 49 of the children and young persons act 1933 expire?

A

When the offender reaches 18

26
Q

What happens if a juvenile is jointly charged with an adult?

A

They may appear in an adults magistrates court

27
Q

What does sec 45 of the youth justice and criminal evidence act 1999 say about reporting in adult courts?

A

There is no automatic ban on identifying any juvenile at adult court

28
Q

What does the section 45A youth justice and criminal evidence act 1999?

A

Lifetime anonymity

For a juvenile witness/victim/ alleged victim do they’re not identified

This is the same as the section 45 order but it doesn’t expire when the individual reaches 18

The juvenile must be in fear or distress about being identified as the anonymity is likely to improve the quality of the evidence

Cannot be given to a defendant

29
Q

What is section 39 of the children and young persons act 1933?

A

Civil proceedings and coroners courts

Wen juveniles are concerned in civil cases they can be identified unless the court forbid it.

Save as the sec 45/49 in that any particulars calculated to lead to their identification as being concerned in proceedings

Expires when they reach 18

30
Q

What is jigsaw identification?

A

When someone who has anonymity is identifiable to the public because of a combination of published details

When 2 or more media organisations cover the same story

Each story may preserve anonymity but some may put the differing reports to get more information

Therefore the person can be identified

31
Q

What is the anti social behaviour, crime and policing act 2014?

A

When an individual is banned or excluded from doing certain things / going certain places eg if they’ve been caught shoplifting they may be banned from the shop

Section 49 will allow anonymity to juvenile witnesses - but no automatic anonymity for those breaching a cbo.

32
Q

Who are known as the banned?

which criteria of people are protected by reporting?

A

Young people
Rape and sex offence victims
Special protection for teachers
Slavery/ trafficking victims

33
Q

What does the sexual offences amendment act 1976 give?

A

Anonymity to rape victims and defendants

34
Q

What did studies show about rape victims prior to 1976?

A

Victims refused to report attacks for fear of identification in the media

Victims identified in about half of all rape stories

35
Q

In terms of reporting a rape or sex offence victims, where are we now?

A

Nothing can be published which might lead to identification of a rape of sex offence victim if it is likely to identify him/ her as a rape of sex offence victim in their lifetime

36
Q

Do rape and sex offence victims get automatic anonymity?

A

YES

Rules are the same for civil cases - damages claims for rape

37
Q

What does the judicial proceedings - regulation of reports - act 1926 sec 1 prohibit?

A

Prohibits publication in any court report of any indecent medical, surgical or physiological details calculated to injure public morals

38
Q

What does section 46 of the youth justice and criminal evidence act 1933 say?

A

Courts can ban id of an adults or young witness

If the quality of evidence or cooperation is diminished by fear of being names

Witnesses must be in real deal or distress

Sometimes used in gang members who turn prosecution witnesses - to protect them against retaliation

Sec 46 is rarely used in this case as the witnesses are often already known to defendants or their friends and families

39
Q

What does the modern slavery act say?

A

Trafficking for exploitation - includes sexual - prostitution - but also any other form of exploitation- slavery/ forced labour/ removal of organs - receives automatic anonymity under the sexual offences act 1922

40
Q

What does the education act 2011 say?

A

That it is unlawful to name a teacher accused of any criminal offence against children at their school until charged

41
Q

When can a restriction be lifted from the education act 2011?

A

If the court agrees it is in the interests of justice

If the education secretary publishes information about the person who is subject of an allegation in connection with an investigation

If the teachers waives anonymity

42
Q

What does the sexual offences amendment act 1992 say?

A

There is extended anonymity to victims of sexual offences

Given male victims equal anonymity

43
Q

What does the criminal justice act 1988 say?

A

Removes anonymity for defendants

Tightened the protection for victims by bringing anonymity to when the rape allegation is made

44
Q

What did the criminal justice and public order act 1994 do?

A

Created offence of male rape

Gave male rape victims anonymity

45
Q

When can anonymity restrictions be lifted?

A

The accused before the trial can ask for restrictions to be lifted to encourage witnesses to come forward

The media can ask for the restrictions to be lifted if they can convince the judge they impose an unreasonable bar on the full and fair reporting of the trial

If the victims is 16 and over gives written consent without their piece and comfort disturbed - permission can not be given by a parent or guardian

If the victim is dead

If the victim is charged with a separate criminal offence arising out of the allegation

46
Q

What is the definition of rape?

A

Penetration of vagina, anus or mouth without consent by penis if the victim is aged under 13 any such conduct is defined as rape

47
Q

What is assault by penetration?

A

Of vagina or anus without consent and otherwise than by penis eg finger or object

48
Q

What does clause 11 of the IPSO code say?

A

The press must not identify victims of sexual assault or publish material likely to contribute to such identification unless there is adequate justification and they are legally free to do so

Not subject to public interest exceptions

49
Q

What does clause 7 of the IPSO code say?

A

The press must not even if legally free to do so identify children under 16 who are victims or witnesses in cases involving sex offences

Any press report of a case involving a sexual offence against a child -

Child must not be identified
The adult may be identified
The word incest must not be used where a child victim might be identified
Care must be taken that nothing in the report implies the relationship between the accused and the child

Subject to public interest exceptions

50
Q

What does section 33 of the criminal justice and courts act 2015 consist of?

A

Disclosing a private sexual photograph of film without the consent of the person depicted in the content and with the intent to cause him/ her distress

51
Q

Do victims of revenge porn receive anonymity?

A

No

But many editors have decided against naming them - saying it’s not the media’s job to achieve the offenders objective by adding to the victims embarrassment

52
Q

What happened in the Jamie Bulger case 1993?

A

Jon Venables and Robert Thompson were just 10 yrs old when they murdered 2 yr old James bulger

He was abducted, tortured and murdered before being dumped on railway tracks in Liverpool

The killers identities was concealer during their arrest and trial but because of the public outrage the boys were tried in adult court where they were convicted of murder

They were sent to a youth accommodation facility with the recommendations of 8 years imprisonment

In 2011 they were released and given new identities

Venables, has since been jailed for more than 3 years after admitting possession of over a thousand child sex abuse images - made Jamie’s dad to plead for his identity to be uncovered.

53
Q

What happened in the Ann Maguire murder 2014?

A

15 yr old Will Cornick went to school armed with a knife and killed his Spanish teacher

He announced on social media that he planned to kill her before the event

Ann was stabbed 7 times.

Ann was identified but originally Will was not as there was fear it could put him and his siblings at risk - The judge decided not to continue the decision 39 CYPA 1933 - right of anonymity

However because this law was drafted before websites and blogs there’s no set rules on identification online - wills identity was leaked online and the police were powerless to do anything

The sec 45 order was eventually lifted at the end of the case

Law (7 decks)

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