Youth Courts

Question 1

What are youth courts?

Answer 1

Run by magistrates to deal with juveniles (under 18s at time of offence)
In criminal law, earliest age a child can be charged with a crime = 10
A ‘child’ is anyone under 14
A ‘young person’ is anyone over 14 but under 18

Question 2

Appeals

Answer 2

Juveniles can challenge verdict/severity of punishment/any supervision order imposed by a magistrate by appealing to Crown Court.
If want to challenge a youth court’s decision on a point of law they can appeal to High Court.
*When appeal is heard Section 49 automatically continues to apply

Question 3

Section 47 of Children and Young Persons Act 1933

Answer 3

Youth courts are closed to the public but open to ‘bona fide representatives of news gathering/reporting organisations’

Question 4

Section 49 of Children and Young Persons Act 1933

Answer 4

No publication should contain any matter likely to identify a juvenile as being concerned in a youth court’s proceedings (whether defendant, victim or witness)
Esp. should not publish:
- name
- address
- identity of any school/educational establishment attended by juvenile
- any still/moving picture
The anonymity protections only takes effect once juvenile has been charged (proceedings have begun).

Question 5

Section 49 ceases to apply when?

Answer 5

Juvenile reaches 18.
BUT may be lifted in following circumstances:
if it is in the public interest (after conviction) and court must allow parties concerned to make representations on whether should be lifted.

Question 6

Youth court trials sent to Crown Court

Answer 6

If a youth court decides to send a juvenile to Crown Court Section 52A restrictions automatically apply

Question 7

Juveniles involved in adult criminal court proceedings

Answer 7

Juveniles involved in adult criminal court proceedings can be identified by the media
UNLESS Section 45 order in place
Adult court must decide whether to give anonymity.

Question 8

Section 45 of Youth Justice and Criminal Evidence Act 1999

Answer 8

No publication should contain any matter likely to identify a juvenile as being concerned in the proceedings
Esp. should not publish:
- name
- address
- any school attended
- any place of work
- any still/moving picture

Question 9

Section 37 of the Children and Young Persons Act 1933

Answer 9

Gives discretionary power to court to remove public from courtroom when juvenile gives evidence
any court
but does permit ‘bona fide…’

Question 10

Section 39 of the Children and Young Persons Act 1933

Answer 10

When juveniles are concerned in proceedings in civil courts judges have discretionary power under Section 39 to stop juvenile being identified in published material especially:
- name
- address
- school
- still/moving picture
(Ceases to apply when juvenile turns 18)

Question 11

Section 45A of the Youth Justice and Criminal Evidence Act (updated April 2015)

Answer 11

Lifetime anonymity for juvenile witness or juvenile victim/alleged victim
If order made, no publication should contain any matter likely to identify juvenile as being concerned in that case
Esp should not publish name, address…
BUT court must be satisfied juvenile is in fear/distress about being publicly identified AND that without such anonymity quality of juvenile’s evidence/level of co-op likely to be diminished by reason of that fear or distress.

Question 12

When can Section 45A not be used?

Answer 12

To give a juvenile defendant anonymity

Question 13

When does Section 45A cease?

Answer 13

Death of juvenile.
Court can revoke order completely or vary it if the order’s effect is to impose substantial and unreasonable restrictions on reporting of proceedings and it is in the public interest.
If, once 18, person gives written consent to be identified without any unreasonable interference.

Question 14

Case Law on juvenile anonymity

Answer 14

Should not be used for babies or children too young to be harmed by publicity.
Should not apply to dead juveniles (Mr Justice Bristow, Warwick Crown Court 1973)
1992 Lord Justice Lloyd said must be good reason during R v Lee case 1993
Cannot be used to protect adult defendants (1991 Court of appeal)
Article 10 ECHR guarantees right to freedom of expression

Question 15

What does ‘concerned in proceedings’ mean?

Answer 15

‘either the person by or against or in respect of whom proceedings are taken, or as being a witness therein’
SOMETIMES a child is mentioned in evidence but they are not ‘concerned in proceedings’.

Question 16

Section 25 of the Youth Justice and Criminal Evidence Act 1999

Answer 16

Court must permit one representative of the media to remain in the court room if make ‘special measures direction’ to exclude the public when a vulnerable or intimidated witness is due to give evidence in sexual offence cases or if court sees reasonable grounds to believe that a person other than the defendant might intimidate the witness