Media Law week 2 - Youth court/ youths in adult courts

Youth court/ youths in adult courts

What is section 49 of the children and young person’s act 1933? 

 Automatic reporting restrictions on youth defendants under 18

-     Cannot report: name, address, school/workplace, still or moving image

-       Applies only to preliminary hearings in youth courts only

What does judicial college guidance state?

A dead victim can be identified as they cannot be ‘concerned in the proceedings

Can s49 be lifted by the court?

S49 can be lifted to avoid injustice, trace a young person on the run, or serve the public interest after conviction, and it ends when the offender turns 18

What is section 45 of the youth justice and criminal evidence act 1999? 

Under 18s concerned in proceedings in adult, criminal courts

-              Not automatic

-              Don’t report: Name, Address, school, workplace, still or moving image

-              Can be challenged if it prevents proper reporting

What is section 45a of the youth justice and criminal evidence act 1999?

-              lifetime anonymity if witness/victim is in fear or distress

-              allows courts to order ‘special measures’ such as using screens, video links, or removing wigs and gowns to help vulnerable or intimidated witnesses give evidence more comfortably.

What is section 39 of children and young persons act?

Used in Civil courts and Coroner’s Courts to ban publications from identifying under 18s who are claimants, defendants or witnesses ‘concerned in proceedings’

-              Don’t report: Name, Address, school, workplace, still or moving image