Anonymity Flashcards
What is the Legislation about Juveniles in Youth Court
Children and Young Person Act 1933, Section 49
What can be published about anyone in Youth Court
Nothing - automatic anonymity. No name, address, school, workplace, still or moving picture on anyone involved in proceedings under the age of 18
When does the automatic anonymity cease to apply?
Section 49 gives a youth court power to lift a juveniles anonymity to avoid injustice - to help trace a witness, to quash rumours or if the juvenile is unlawfully at large, the Director of Public Prosecutions can lift restrictions after there is a charge of a serious offence
What Act relates to juveniles in adult courts
Youth Justice and Criminal Evidence Act 1999, Section 45
Is there automatic anonymity when a juvenile is on trial in an adult court
No
What Act bans the media from identifying a juvenile in the crown court
Anonymity of juveniles is discretionary in the crown court so a ban can be done through Section 45 of the Youth Justice and Criminal Evidence Act 1999
What is the Law relating to Sexual Offences trials
Sexual Offences (Amendment) Act 1992
Do victims of sexual assault have lifelong anonymity
yes
What can be published about a victim of sexual assault
Nothing; no name, address, school, workplace, still or moving picture
How can a victim of sexual assault be identified
Victim can sign a written waiver to consent to be identified - but most not interfere with their ‘peace and comfort’ to obtain it
What does Contempt of Court Act 1981 Section 11 say
There is anonymity for defendants in blackmail, national security and commercial secrets cases
What does the Youth Justice and Criminal Evidence Act 1999 Section 46 say
Lifelong anonymity for adult witnesses if they are in fear or distress of being identified
How do you avoid jigsaw identification
Don’t publish any details about anonymous persons this includes their name, address, school/workplace, still or moving picture
What are ISPO Clauses 7 & 11
A breach of the 1992 Act’s anonymity for victims/alleged victims also breaches Clause 7: “Children in sex cases” and Clause 11 “Victims of Sexual Assault”
There is a breachof clause 11 when anonymity in law was in place and it would also breach clause 2 as regards intrusion into privacy
Who else is given lifelong anonymity under the Sexual Offences (Amendment) Act 1992
Human Trafficking Victims
