Youth And Juveniles part 3 Flashcards
How can you challenge RR?
Pass note to usher in mags or crown
How can media argue something is so ‘substantial’ that the RR is uncalled
Pointing out material that it can’t report like Ann Maguire Case
When are S45 unreasonable? (4)
1) If order prevents young child or baby being identified, media can argue may be too young to be affected by publicity
2) Dead children or adult defendants
3) Identity widely known due to previous publicity
4) Familial relationships
What can media argue not putting RR can do? (3)
1) Act as a deterrent to other young offenders when they are named
2) Community has right to know what happened in serious case (Markham/Aziz)
3) ECHR - A10
What cases can make you remember young offenders that do serious crimes?
Markham case
Aziz case
What is in the PI to lift restrictions or name juvenile?
1) some cases letting media identify juvenile can act as deterrent
2) significant public disorder, serious offences which undermines public confidence in the safety of their communities (Aziz) and hate crimes
I hat did Justice Elias in High Court say?
“Where innocent family members were caught up in proceedings they may suffer due to publicity but it was not relevant or a good reason for granting a S39 (Now S45)
What does clause 9 say of Editors code?
Children can only be named if “genuinely relevant to proceedings”
What happened in Theresa Gandy case
Ms Gandy fined for being drunk in charge of two year old
Tried to stop press reporting by asking for S39 to prevent reporting of child and then in turn her
Refused
Judge ruled there was an undeniable legitimate interest in reporting the case