Youth Courts Flashcards
What is the youth justice and criminal evidence act 1999?
It is used for juveniles in adult criminal courts but is not automatically imposed. The orders automatically imposed.
section 45
The orders automatically lapse when the juvenile hits 18. Since April 2015 this act has replaced the 1933 one in criminal courts.
When are juveniles dealt in adult courts?
If they are co-accused with an adult.
What is section 39 of the children and young persons act 1933?
Since April 2015 it can only be used to provide anonymity for juveniles in civil proceedings and coroners courts and is not automatically imposed. Court of appeal ruled that there will be a lapse when the juvenile turns 18.
How old is a juvenile?
10 -18
What is the age of criminal responsibility?
10
What does case law and judicial collage guidance say about anonymity?
That section 49,39 and 45 does not apply to the dead.
That section 45 and 39 there must be good reason for the restriction.
What does section 49 of the children and young persons act 1993 say?
Automatic provision covers all juveniles concerned in youth courts proceedings. The statue says it lapses at 18. NO publication should include: His/Her name. Address. Identity of any school/ place of work. Any still or moving picture.
What does section 45A of the Youth Justice and Criminal evidence act 1999 say?
It is not automatically imposed but can be used in any criminal court to order to give lifetime anonymity to specified juvenile witness/victim that is in fear or distress about being identified so they are more likely to give better evidence / co-operate with this order
At age 18 they can give written consent for this to be lifted.
How can you challenge these acts?
Public interest.
To avoid injustice.
If they have been unlawful at large.
Societal benefits.
What happens when an adult defendant identifies a juvenile?
The court of appeal ruled in 1991 that courts could not use law that was made to give juveniles anonymity to specify an adult defendant should not be identified by the media.
What happened in case law regarding adult identification when a child is involved?
In the 1991 case Lord Justice Glidewell, giving the ruling pointed out that the effect of the order specifically made to protect juveniles identity may be that an adult defendant can not be identified.