Flashcards in Media Law: 10 Reporting restrictions concerning children Deck (24):
over what age can a child be prosecuted?
- 10 years old
- can become subject of child safety order
reporting children's names before case comes to court
- allowed to publish names of any juveniles involved
- BUT NOT if contempt of court
- AND NOT if sexual offence
what can journalists do in Youth Courts?
- allowed access (public not)
- NO reporting identity of youths on trial UNLESS Home Secretary lifts reporting ban
what info might lead to ID?
- any details identifying child
- adults involved in the case which might reveal ID of children
name legislation restricting Youth Court reporting
- s49 Children & Young Persons Act 1933
situations in which s49 restrictions might be lifted
- avoiding injustice (e.g. another kid wrongly publicly ID'd as defendant)
- helps to trace suspect
- after conviction (if in public interest)
situations in which ID after conviction likely
- persistent or serious offender
- offence affected large number of people
- to help limit further criminal activity
situations in which lifting restrictions NOT preferable
- ID might lead to harm of defendant / family
- defendant very young or vulnerable
- defendant sorry and prepared to take responsibility
- ID'ing defendant might ID victim
when is s49 automatically lifted?
- when defendant turns 18
- can also write about previous Youth Court appearances
rules about children in adult courts (e.g. there's an adult co-defendant)
- allowed to clear court to make less intimidating (should establish video link for journalists)
- s39 Children and Young Persons Act 1933
- court can order NO reporting of anything ID'ing child
JSB guidelines on s39 orders
- good reason (apart from age alone)
- onus lies with requesting party to show there is good reason
- balance welfare of child with public interest
- age and effect of labelling a criminal should be taken into account
- Article 10 HRA
considerations when imposing s39 order
- age and damaging effect of being labelled a criminal
- courts' duty to protect children
- deterrent of public shaming
- public interest
s39 orders to protect family
- generally NOT allowed
- except: defendant's rehabilitation is affected
- except: family member suffer trauma above normal levels
JSB guidelines on very young children
- less likely to be aware of / affected by publicity, so s39 not as relevant
guidelines on naming dead children
- generally fine
- shouldn't affect living children
limits of s39
- children not 'concerned in' courts
- anything before criminal proceedings (i.e. trial) starts
- children involved in other court cases (though obvs the other court can impose one for that case)
who counts as being 'concerned in' courts
the awkward situation of protecting adult defendants
- naming an adult can lead to ID'ing a child
- courts have guidelines, but it's generally left up to press to avoid breaking laws
- e.g. changing 'incest' to more vague 'sexual offence'
do paedos' children get s39 protection?
- no they do not
issuing a s39 order: CLARITY
- ensure the specific children covered are made very clear
- draw up written copy ASAP, allowing journalists access
- include reference order in court lists
what does Ofcom say about children and crime?
- take care to regard vulnerable position of young witnesses/victims/defendants
what does PPC say?
- take care to regard vulnerable young witnesses/victims
- should not restrain the reporting of a crime
do we need to know about ASBOs?
- I don't think so...