Young People in Court PDF

Young people in court Youth court: - Section 49 of the Children and Young Persons Act 1933 provides automatic anonymity for young people aged under 18 who appear in youth court (defendants, witnesses, victims). Think of youth court as an extension of magistrates - but it's for...

Young people in court Youth court: - Section 49 of the Children and Young Persons Act 1933 provides automatic anonymity for young people aged under 18 who appear in youth court (defendants, witnesses, victims). Think of youth court as an extension of magistrates - but it's for children. The order means it is illegal to publish their name, address, school or workplace, still or moving images or anything else likely to identify them. The order expires once they turn 18. - Section 47 of this same act allows bona fide journalists into youth court so they can report on proceedings but the public are banned. Journalists should quote this law to any court staff who attempt to refuse them access (it regularly happens) - Journalists can ask the court to remove section 49 anonymity on conviction to name the young defendant. To do this, they would have to convince the court it is in the public interest. The court would need to weigh up that individual's right to anonymity and their potential vulnerability with your public interest argument. You can attempt to convince the court to remove the order if that young person has been a persistent offender, or committed a serious offence, if it has impacted a large number of people or that by naming them it could help prevent further offending. Adult courts: - Some young people appear in adult courts such as magistrates court and crown. This might be if they are jointly charged with an adult or if the crime they are accused of is so serious (either-way or indictable) their case would be transferred out of youth court to crown court. - Unlike youth court, there is no automatic order banning identities of young people in adult courts. Instead, the court would need to impose an order under Section 45 of the Youth Justice and Criminal Evidence Act to provide anonymity. If it is imposed, then it is illegal to publish that young person's name, address, school or workplace, still or moving images or anything else likely to identify them. The order expires once they turn 18. - A section 45 order can be removed if you can convince the court it is putting a substantial and unreasonable restriction on your reporting and it is in the public interest. You should challenge orders aimed at protecting an adult; an order imposed on a baby or toddler (they are too young to be affected by media reports); an order on a dead child; or the continuation of a sec 45 order on a young person who is going to be still in prison when the anonymity expires. For the public interest, you can argue the community has a right to know about the case to promote the rule of law and to see justice being done; and that it goes against the open justice principle. Civil/coroners courts - The civil courts and coroners court (which handle inquests) also have the power to anonymise young people aged under 18. They use a different statute - Section 39 of the Children and Young Persons Act. This order bans exactly the same as the other two Ethical code No law prevents you from naming a juvenile under 18 before they get to court - But there are codes of conduct to consider (as well as defamation/privacy law) IPSO, clause 9 - Reporting of Crime Clause 9 IPSO – - Particular regard should be paid to the potentially vulnerable position of children under the age of 18 who witness, or are victims of, crime. This should not restrict the right to report legal proceedings. - Editors should generally avoid naming children under 18 after arrest for a criminal offence but before they appear in a youth court unless they can show the individual’s name is already in the public domain, or that the individual has given consent * This clause as a public interest defence should you be able to justify breaching it IPSO, clause 6, Children Clause 6 - Children under 16 must not be interviewed or photographed on issues involving their own or another child’s welfare unless a custodial parent or similarly responsible adult consents Ofcom Ofcom rule 1.9 states that… - …broadcasters should pay particular regard in any pre-trial report to the potential vulnerable position of witnesses and victims under 18 before identifying them…and that particular justification is required for identifying juveniles as defendants or potential defendants… young offenders - treated differently to adults - u10s - cannot commit crime - 10 to 17 - juvenile - 18+ - adult Young offenders - which court? Youth courts - access Children and Young Persons Act 1933 says…. - …public not allowed in - representatives of newspapers and news agencies CAN attend on public’s behalf (Act now extended to include other media) Youth courts - reporting juveniles should not normally be named in YOUTH COURT hearing Section 49, Children and Young Persons Act 1933, states reports of youth court hearings MUST NOT contain… (covers any publication) - Name - address - school or workplace - Still or moving images - or any particulars leading to the identity of any juvenile involved in any way in the proceedings - NOTE: This includes juvenile witnesses, defendants, victims etc… Remember, anonymity only lasts until the defendant turns 18 After that, they can be legally named (unless no other order is put on) Youth courts - adults No automatic ban on identifying adults involved in youth court cases BUT BEWARE… You must not say anything about an adult which leads to the identity of a juvenile in a youth court case Youth courts - naming juveniles There are FOUR occasions when you can identify a juvenile in a youth court hearing - Avoid an injustice to the juvenile by the youth court. - To help trace a juvenile who has been charged with a serious sexual or violent offence and has escaped custody, on application from the Crown Prosecution Service. - Anti-social Behaviour, Crime and Policing Act 2015 – when juvenile appears in court for Anti-social Behaviour Injunction (ASBI) or for breach of an ASBI - After conviction in the public interest under the Crime (Sentences) Act 1997. (This is what we are to argue to convince the judge to lift anonymity) youth courts – identifying in the public interest Guidelines to courts says it should lift restrictions in the public interest when: - A juvenile’s offending was persistent or serious. - A juvenile’s offending had an impact on a number of people. - Alerting the public about the juvenile’s behaviour would help prevent further offending. Youth courts - public interest It would not be in the best interests to lift youth court anonymity when…. - Publicity might put the offender or his/her family at risk of harassment or harm. - The offender was particularly young or vulnerable. - The offender was contrite and ready to accept responsibility for their actions. - - Publication of the offender would reveal the identity of a vulnerable victim or lead to unwelcome publicity for that victim. young people - adult criminal courts - no automatic ban on identifying juveniles in adult courts (crown/magistrates) - judges in adult criminal courts MAY ban their ID with a sec 45 order under Youth Justice and Criminal Evidence Act 1999 - If imposed, your order MUST NOT contain… - Name  - address - School - Still or moving images - or any particulars leading to the identity of any juvenile involved in any way in the proceedings Young people - civil courts - judges in civil courts MAY ban their ID with a sec 39 order under Children and Young Persons Act 1933 - This includes a coroner’s court - order can only be made on juveniles INVOLVED in the case (ie: victim, witness, defendant) - onus on reporter to discover if order has been made Imposing an order There must be a good reason, apart from age, for imposing a section 45 order - Judicial College - order should not be routine. If not imposed, you can name the juvenile - Conflicting precedent on when orders should be automatically made… - Courts are required to consider the welfare of the juvenile before making a decision - Balance needs to protect juvenile against principle of open justice - Judicial College recognises difference between very young and older juveniles - Courts would consider juvenile’s article 8 rights vs the media’s article 10 rights Lifting sec 45 orders If a sec 45 order is imposed in an adult court it can be lifted at any time in proceedings… - Courts can lift the restrictions if it is satisfied that they “impose a substantial and unreasonable restriction on the reporting of the proceedings” - And that it is in the public interest to remove or relax that restriction. What is substantial? You can argue: - Restriction goes against open justice principle - There are details which could not be reported aside from the name etc… - Could prevent the local community knowing that the crime or alleged crime took place within it or knowing of an ongoing crime problem which needs to be tackled, or has been tackled - Juvenile restriction could prevent naming of an adult defendant Judicial College guidelines say orders cannot be used to ban ID of an adult; Court of Appeal (1991)  ruled it cannot be used to bar ID of adult defendant. The case was R. v Southwark Crown Court, ex p Godwin. What is “unreasonable” - Dead children - Too young to be adversely affected by media reports (baby/toddler) - Juveniles not involved in proceedings - Those who turn 18 - About to turn 18 - The fact the juvenile defendant is going to serve a long time in custody - this is because the length of anonymity would be too short to help with his/her rehabilitation in the community What is the public interest? - Deterrence – courts have previously ruled that full reports which name juveniles can act as a deterrent to others - Communities have the right to know – senior judges have previously ruled that, particularly with regards to serious crimes, there is high public interest in identifying the juvenile CPS guidance: The welfare of the child must be taken into account, but the weight to be given to it changes where there has been a conviction, particularly in a serious case. There is a legitimate public interest in knowing the outcome of proceedings in court and the potential deterrent effect in respect of the conduct of others in the disgrace accompanying the identification of those guilty of serious crimes.. There is a strong public interest in open justice and in the public knowing as much as possible about what has happened in Court, including the identity of those who have committed crime. Severity of crime - Argument to lift order is stronger if the juvenile is convicted of a serious crime Case law is that the court has no power to make order in respect of dead child. The High Court has ruled on this. What about jigsaw identification? Accumulation of detail in one report, or several articles by the same publisher, or even separate news organisations, can lead to the identification of someone who has anonymity in law E.g. A newspaper and radio station operate in the same town but adopt different approaches to the story. Readers who listen to the radio and read the paper can identify the girl. Witness ID bans - Sec 45a of Youth Justice and Criminal Evidence Act, 1999 gives criminal courts power to make lifelong anonymity order on juvenile witness or victim (not defendant!) involved in proceedings - Ban prevents publication of any detail likely to ID juvenile (including name, address, school, workplace, picture of or including juvenile) - Court makes order when victim or witness evidence diminished by fear or distress of being identified - Applies to all publications - Juveniles can consent to lifting ban at 18+ Key points to revise for reporting juveniles: Youth court: Section 49 of the Children and Young Persons Act 1933 provides automatic anonymity for young people aged under 18 who appear in youth court (defendants, witnesses, victims). Think of youth court as an extension of magistrates - but it's for children. The order means it is illegal to publish their name, address, school or workplace, still or moving images or anything else likely to identify them. The order expires once they turn 18. Section 47 of this same act allows bona fide journalists in to youth court so they can report on proceedings but the public are banned. Journalists should quote this law to any court staff who attempt to refuse them access (it regularly happens) Journalists can ask the court to remove section 49 anonymity on conviction to name the young defendant. To do this, they would have to convince the court it is in the public interest. The court would need to weigh up that individual's right to anonymity and their potential vulnerability with your public interest argument. You can attempt to convince the court to remove the order if that young person has been a persistent offender, or committed a serious offence, if it has impacted a large number of people or that by naming them it could help prevent further offending. Adult courts: Some young people appear in adult courts such as magistrates court and crown. This might be if they are jointly charged with an adult or if the crime they  are accused of is so serious (either-way or indictable) their case would be transferred out of youth court to crown court. Unlike youth court, there is no automatic order banning identities of young people in adult courts. Instead, the court would need to impose an order under Section 45 of the Youth Justice and Criminal Evidence Act to provide anonymity. If it is imposed, then it is illegal to publish that young person's name, address, school or workplace, still or moving images or anything else likely to identify them. The order expires once they turn 18. A section 45 order can be removed if you can convince the court it is putting a substantial and unreasonable restriction on your reporting and it is in the public interest. You should challenge orders aimed at protecting an adult; an order imposed on a baby or toddler (they are too young to be affected by media reports); an order on a dead child; or the continuation of a sec 45 order on a young person who is going to be still in prison when the anonymity expires. For the public interest, you can argue the community has a right to know about the case to promote the rule of law and to see justice being done; and that it goes against the open justice principle. Civil/coroners courts The civil courts and coroners court (which handle inquests) also have the power to anonymise young people aged under 18. They use a different statute - Section 39 of the Children and Young Persons Act. This order bans exactly the same as the other two