Podcast
Questions and Answers
Which group is considered 'unreasonable' in terms of anonymity when it comes to juvenile defendants?
Which group is considered 'unreasonable' in terms of anonymity when it comes to juvenile defendants?
The welfare of the child is always the most important factor in court proceedings regarding juvenile offenders.
The welfare of the child is always the most important factor in court proceedings regarding juvenile offenders.
False
What legitimate public interest exists regarding juvenile defendants who are convicted of serious crimes?
What legitimate public interest exists regarding juvenile defendants who are convicted of serious crimes?
Knowing the outcome of court proceedings and potential deterrent effects
Communities have the right to know about juvenile offenders, particularly in cases of __________ crimes.
Communities have the right to know about juvenile offenders, particularly in cases of __________ crimes.
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Match the following terms with their definitions:
Match the following terms with their definitions:
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What section of the Children and Young Persons Act 1933 provides automatic anonymity for young people under 18 in youth court?
What section of the Children and Young Persons Act 1933 provides automatic anonymity for young people under 18 in youth court?
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The public is allowed to attend youth court sessions and report on proceedings freely.
The public is allowed to attend youth court sessions and report on proceedings freely.
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What must journalists do to gain access to youth court?
What must journalists do to gain access to youth court?
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Young individuals accused of serious crimes may be transferred to an adult court known as the __________ court.
Young individuals accused of serious crimes may be transferred to an adult court known as the __________ court.
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Which of the following reasons could lead a court to consider lifting Section 49 anonymity for a young defendant?
Which of the following reasons could lead a court to consider lifting Section 49 anonymity for a young defendant?
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Match the following court procedures with the appropriate acts:
Match the following court procedures with the appropriate acts:
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A Section 45 order can be imposed in adult courts to provide young people with __________.
A Section 45 order can be imposed in adult courts to provide young people with __________.
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What type of order can be challenged for an adult?
What type of order can be challenged for an adult?
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A juvenile under 18 can be named before they appear in court without any legal consequences.
A juvenile under 18 can be named before they appear in court without any legal consequences.
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Under the age of what age is a child considered too young to be affected by media reports?
Under the age of what age is a child considered too young to be affected by media reports?
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IPSO clause 6 requires consent from a ______ to interview or photograph children under 16 regarding welfare issues.
IPSO clause 6 requires consent from a ______ to interview or photograph children under 16 regarding welfare issues.
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Match the following age groups with their classifications:
Match the following age groups with their classifications:
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What does Clause 9 of IPSO emphasize regarding children under 18?
What does Clause 9 of IPSO emphasize regarding children under 18?
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Before identifying juveniles as defendants, broadcasters must provide ______ justification.
Before identifying juveniles as defendants, broadcasters must provide ______ justification.
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Young offenders are treated similarly to adults within the legal system.
Young offenders are treated similarly to adults within the legal system.
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What statute grants the civil and coroners courts the power to anonymise individuals under 18?
What statute grants the civil and coroners courts the power to anonymise individuals under 18?
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Which of the following is NOT a publication restriction for juveniles in youth court hearings?
Which of the following is NOT a publication restriction for juveniles in youth court hearings?
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Juveniles can be named in youth court cases once they turn 18, unless other restrictions are in place.
Juveniles can be named in youth court cases once they turn 18, unless other restrictions are in place.
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Under what act must reports of youth court hearings not name juveniles?
Under what act must reports of youth court hearings not name juveniles?
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A juvenile can be identified in youth court if their offending was __________.
A juvenile can be identified in youth court if their offending was __________.
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Match the following scenarios to the correct reasoning for identifying a juvenile:
Match the following scenarios to the correct reasoning for identifying a juvenile:
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When can anonymity be lifted according to the guidelines in the public interest?
When can anonymity be lifted according to the guidelines in the public interest?
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An adult involved in a youth court case cannot be identified if it risks revealing the identity of a juvenile.
An adult involved in a youth court case cannot be identified if it risks revealing the identity of a juvenile.
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What is one reason that could justify the identification of a juvenile in the public interest?
What is one reason that could justify the identification of a juvenile in the public interest?
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The act that governs the identification of juveniles for Anti-social Behaviour is the __________ Act 2015.
The act that governs the identification of juveniles for Anti-social Behaviour is the __________ Act 2015.
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Which of the following is a reason against lifting the anonymity of a juvenile?
Which of the following is a reason against lifting the anonymity of a juvenile?
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What must a section 45 order in adult criminal courts NOT include?
What must a section 45 order in adult criminal courts NOT include?
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Judges in civil courts can impose a section 39 order only on juveniles involved in the case.
Judges in civil courts can impose a section 39 order only on juveniles involved in the case.
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Which act allows judges in adult criminal courts to ban the identification of juveniles?
Which act allows judges in adult criminal courts to ban the identification of juveniles?
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A section 39 order under the __________ and Young Persons Act 1933 allows for the identification ban in civil courts.
A section 39 order under the __________ and Young Persons Act 1933 allows for the identification ban in civil courts.
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What must courts consider before making a decision on a juvenile's identification ban?
What must courts consider before making a decision on a juvenile's identification ban?
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Once a section 45 order is imposed, it cannot be lifted during the proceedings.
Once a section 45 order is imposed, it cannot be lifted during the proceedings.
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What is the primary purpose of considering the welfare of a juvenile in court decisions?
What is the primary purpose of considering the welfare of a juvenile in court decisions?
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Which of the following factors can lead to lifting a section 45 order?
Which of the following factors can lead to lifting a section 45 order?
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Judges must have a good reason for imposing a section 45 order, excluding the juvenile's __________.
Judges must have a good reason for imposing a section 45 order, excluding the juvenile's __________.
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Study Notes
Youth Court
- Section 49 of the Children and Young Persons Act 1933 automatically protects anonymity for those under 18 in youth court. (defendants, witnesses, victims)
- This prohibits publication of name, address, school, workplace, images, etc.
- The order lasts until the person turns 18.
- Section 47 makes exceptions for journalists covering proceedings, who must be bona fide.
- Journalists can request anonymity be lifted if convicted, serious crimes.
Adult Courts
- Young people may appear in adult courts (Magistrates, Crown). Charges are serious enough to transfer from youth court.
- Unlike youth court, there is no automatic anonymity in adult courts.
- Courts need to apply Section 45 of the Youth Justice and Criminal Evidence Act to impose anonymity.
- Section 45 orders are similar, but they can be revoked if restrictions are deemed substantial or unreasonable, or if in the public interest.
- Challenges can be based on the public interest.
Civil/Coroners Courts
- Civil and coroners' courts can impose anonymity using Section 39 of the Children and Young Persons Act.
- This order is identical to other anonymity orders.
Ethical Considerations
- No law prevents naming juveniles before court, but codes of conduct and defamation/privacy laws may apply.
- Clause 9 of the IPSO code prioritizes vulnerable children's rights in reporting crime—reporting legal proceedings regardless.
- Clause 6 of the IPSO code suggests careful consideration when interviewing children under 16, and requiring parental consent.
- Ofcom standards suggest caution in naming victims/witnesses under 18 in pre-trial reports and require justification for naming juveniles as defendants.
- Young offenders are treated differently from adults under the law (u10s cannot commit crimes; 10–17 are juveniles; 18+ are adults)
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Description
This quiz explores the legal distinctions between youth courts and adult courts, emphasizing the anonymity protections under the Children and Young Persons Act 1933 and the Youth Justice and Criminal Evidence Act. Understanding these differences is crucial for comprehending how young defendants are treated in the legal system.