Youth vs Adult Courts Overview
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Questions and Answers

Which group is considered 'unreasonable' in terms of anonymity when it comes to juvenile defendants?

  • Only those who turn 18
  • Dead children
  • Both A and B (correct)
  • Juveniles not involved in proceedings
  • The welfare of the child is always the most important factor in court proceedings regarding juvenile offenders.

    False (B)

    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.

    <p>serious</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Deterrence = Preventing crime by instilling fear of consequences Jigsaw identification = Identifying someone through accumulated details Anonymity = Protection of identity in legal cases Public interest = Community's right to know about legal proceedings</p> Signup and view all the answers

    What section of the Children and Young Persons Act 1933 provides automatic anonymity for young people under 18 in youth court?

    <p>Section 49 (B)</p> Signup and view all the answers

    The public is allowed to attend youth court sessions and report on proceedings freely.

    <p>False (B)</p> Signup and view all the answers

    What must journalists do to gain access to youth court?

    <p>Quote Section 47 of the Children and Young Persons Act 1933</p> Signup and view all the answers

    Young individuals accused of serious crimes may be transferred to an adult court known as the __________ court.

    <p>crown</p> Signup and view all the answers

    Which of the following reasons could lead a court to consider lifting Section 49 anonymity for a young defendant?

    <p>The offense has impacted a large number of people. (D)</p> Signup and view all the answers

    Match the following court procedures with the appropriate acts:

    <p>Youth court anonymity = Section 49 of the Children and Young Persons Act 1933 Journalist access = Section 47 of the Children and Young Persons Act 1933 Adult court anonymity = Section 45 of the Youth Justice and Criminal Evidence Act</p> Signup and view all the answers

    A Section 45 order can be imposed in adult courts to provide young people with __________.

    <p>anonymity</p> Signup and view all the answers

    What type of order can be challenged for an adult?

    <p>Protection order (D)</p> Signup and view all the answers

    A juvenile under 18 can be named before they appear in court without any legal consequences.

    <p>False (B)</p> Signup and view all the answers

    Under the age of what age is a child considered too young to be affected by media reports?

    <p>18</p> Signup and view all the answers

    IPSO clause 6 requires consent from a ______ to interview or photograph children under 16 regarding welfare issues.

    <p>custodial parent</p> Signup and view all the answers

    Match the following age groups with their classifications:

    <p>Under 10 = Cannot commit crime 10 to 17 = Juvenile 18+ = Adult</p> Signup and view all the answers

    What does Clause 9 of IPSO emphasize regarding children under 18?

    <p>Their potentially vulnerable position should be considered (C)</p> Signup and view all the answers

    Before identifying juveniles as defendants, broadcasters must provide ______ justification.

    <p>particular</p> Signup and view all the answers

    Young offenders are treated similarly to adults within the legal system.

    <p>False (B)</p> Signup and view all the answers

    What statute grants the civil and coroners courts the power to anonymise individuals under 18?

    <p>Section 39 of the Children and Young Persons Act</p> Signup and view all the answers

    Which of the following is NOT a publication restriction for juveniles in youth court hearings?

    <p>Age (D)</p> Signup and view all the answers

    Juveniles can be named in youth court cases once they turn 18, unless other restrictions are in place.

    <p>True (A)</p> Signup and view all the answers

    Under what act must reports of youth court hearings not name juveniles?

    <p>Children and Young Persons Act 1933</p> Signup and view all the answers

    A juvenile can be identified in youth court if their offending was __________.

    <p>persistent or serious</p> Signup and view all the answers

    Match the following scenarios to the correct reasoning for identifying a juvenile:

    <p>A juvenile escapes custody = To locate the juvenile effectively Serious impact on the community = To alert the public Anti-social Behaviour Injunction = To ensure compliance with the law Juvenile is contrite = To protect the juvenile's privacy</p> Signup and view all the answers

    When can anonymity be lifted according to the guidelines in the public interest?

    <p>If the juvenile's offending impacts many people (D)</p> Signup and view all the answers

    An adult involved in a youth court case cannot be identified if it risks revealing the identity of a juvenile.

    <p>True (A)</p> Signup and view all the answers

    What is one reason that could justify the identification of a juvenile in the public interest?

    <p>To prevent further offending</p> Signup and view all the answers

    The act that governs the identification of juveniles for Anti-social Behaviour is the __________ Act 2015.

    <p>Anti-social Behaviour, Crime and Policing</p> Signup and view all the answers

    Which of the following is a reason against lifting the anonymity of a juvenile?

    <p>The juvenile is particularly young or vulnerable. (B)</p> Signup and view all the answers

    What must a section 45 order in adult criminal courts NOT include?

    <p>Name and address of the juvenile (A)</p> Signup and view all the answers

    Judges in civil courts can impose a section 39 order only on juveniles involved in the case.

    <p>True (A)</p> Signup and view all the answers

    Which act allows judges in adult criminal courts to ban the identification of juveniles?

    <p>Youth Justice and Criminal Evidence Act 1999</p> Signup and view all the answers

    A section 39 order under the __________ and Young Persons Act 1933 allows for the identification ban in civil courts.

    <p>Children</p> Signup and view all the answers

    What must courts consider before making a decision on a juvenile's identification ban?

    <p>The juvenile's article 8 rights (D)</p> Signup and view all the answers

    Once a section 45 order is imposed, it cannot be lifted during the proceedings.

    <p>False (B)</p> Signup and view all the answers

    What is the primary purpose of considering the welfare of a juvenile in court decisions?

    <p>To protect the juvenile's best interests</p> Signup and view all the answers

    Which of the following factors can lead to lifting a section 45 order?

    <p>Public interest (A)</p> Signup and view all the answers

    Judges must have a good reason for imposing a section 45 order, excluding the juvenile's __________.

    <p>age</p> Signup and view all the answers

    Flashcards

    Youth Court

    A court specifically designed for young people under 18 years old.

    Section 49 of the Children and Young Persons Act 1933

    This section of the Children and Young Persons Act 1933 ensures automatic anonymity for all under-18s involved in Youth Court proceedings.

    Section 47 of the Children and Young Persons Act 1933

    This law allows bona fide journalists access to Youth Court proceedings.

    Removal of Anonymity in Youth Court (Section 49)

    The legal process of removing anonymity from a young person convicted in Youth Court. You must convince the court it's in the public interest.

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    Section 45 of the Youth Justice and Criminal Evidence Act

    The act of removing automatic anonymity in an adult court.

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    Anonymity in Adult Courts

    This applies when young people appear in adult courts. Anonymity isn't automatic and must be granted by the court like in Youth Courts.

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    Removal of Anonymity in Adult Courts (Section 45)

    A journalist must convince the court that the restriction imposed by the anonymity order is unfair and the public interest outweighs the right to privacy.

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    Anonymity Orders

    The legal process that prevents the media from publishing the names of young people who are involved in legal proceedings.

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    Ofcom Rule 1.9

    This rule states that broadcasters should be cautious about identifying children under 18 involved in legal proceedings.

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    IPSO Clause 9

    This clause within the IPSO code encourages journalists to avoid publishing the names of children under 18 who have been arrested before appearing in court, unless there are compelling reasons.

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    IPSO Clause 6

    This clause states that children under 16 shouldn't be interviewed or photographed without parental consent on sensitive topics.

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    Young Offenders

    Young people under 18 are treated differently than adults in the justice system - those under 10 can't commit a crime, 10-17 are juveniles, and 18+ are adults.

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    Who is automatically anonymous in Youth Court?

    The Children and Young Persons Act 1933 (Section 49) ensures anonymity for all under-18s in Youth Court proceedings.

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    Who can attend Youth Court?

    Journalists and media representatives can attend Youth Court on behalf of the public.

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    What information is off-limits in Youth Court reporting?

    Media reports of Youth Court hearings MUST NOT include the juvenile's name, address, school, workplace, images, or any identifying details.

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    When does anonymity end in Youth Court?

    Anonymity in Youth Court proceedings ends when the defendant turns 18.

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    Are adults anonymous in Youth Court?

    Adults involved in Youth Court cases are NOT automatically anonymous. However, reporters must avoid revealing any information that could identify a juvenile involved.

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    When can juveniles be identified in Youth Court?

    There are four exceptions where identifying juveniles in Youth Court is permitted, including preventing injustice, tracing escapees, ASBI cases, and post-conviction in the public interest.

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    What are the guidelines for lifting anonymity in the public interest?

    Guidelines suggest lifting anonymity when a juvenile has persistent or serious offenses, the offense impacts many people, or publicity could prevent further offenses.

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    When is lifting anonymity NOT in the best interest?

    Lifting anonymity is NOT in the best interest when it risks harm, the offender is vulnerable, or it reveals the identity of a vulnerable victim.

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    What act governs anonymity lifting post-conviction?

    The Crime (Sentences) Act 1997 allows for lifting anonymity post-conviction in the public interest.

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    How do journalists argue for lifting anonymity?

    Journalists must argue that highlighting a juvenile's case in the public interest outweighs their right to anonymity.

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    Anonymity and Deceased Individuals

    The court has no power to make an anonymity order for someone who has passed away.

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    Anonymity and Rehabilitation

    A juvenile defendant who is likely to serve a long sentence may face restrictions on anonymity. The court may argue that the anonymity period is too short to aid rehabilitation in the community.

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    Jigsaw Identification

    Multiple news sources reporting on a case, even separately, could ultimately lead to the identification of a person with legal anonymity. Combining pieces of information across outlets can reveal details that would otherwise be protected.

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    Public Interest vs. Child's Welfare

    The court weighs the child's welfare against the public interest in serious cases. The public has a right to know about court outcomes, and naming convicted offenders can deter future crimes.

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    Serious Crimes and Anonymity

    A stronger argument exists for lifting anonymity when a juvenile commits a serious crime. The public interest in knowing about serious offenses outweighs the protection of the offender.

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    Section 45 Order

    A legal order used in adult criminal courts (Crown or Magistrates) to prevent the identification of young people involved in the proceedings. It's not automatic and requires a judge's decision based on specific circumstances.

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    Section 39 Order

    A legal order used in civil courts, including coroner's courts, to prevent the identification of young people involved in a case. The judge decides if the young person needs this protection.

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    Lifting a Section 45 Order

    The burden of proof lies on the journalist to prove the court order is restricting reporting unnecessarily. They need to make a strong case to lift the restrictions.

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    Open Justice Principle

    A principle that ensures transparency in legal proceedings. It means that the public has the right to know what's happening in court.

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    Juvenile's Welfare

    A guideline that emphasizes the importance of considering the well-being of a young person involved in legal proceedings. The court should balance this with the right to open justice.

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    Article 8 Right: Right to Privacy

    The right of individuals to be free from intrusion into their private lives. This is a fundamental right protected in human rights law.

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    Article 10 Right: Freedom of Expression

    The right of freedom of expression, which includes the freedom to report on legal proceedings. This right is essential for a democratic society.

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    Non-Routine Order

    The principle that a court order should not be automatically imposed simply because a young person is involved in the case. There needs to be a genuine reason.

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    Age Considerations

    This refers to the fact that courts tend to recognize the different needs of very young juveniles compared to older teenagers. They might need more protection.

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    Balancing Rights

    The court must weigh the young person's right to privacy (Article 8) against the media's right to report (Article 10). Finding the right balance is crucial.

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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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    Related Documents

    Young People in Court PDF

    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.

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