Reporting Restrictions Flashcards

1
Q

What is the law involving young people in a youth court?

A

Section 49 of the Children and Young Person’s Act 1933

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2
Q

What can you not report under S49 CYPA 1933?

A

may NOT report the name, address, school (or workplace) or any particulars which may lead to the identification of any young person involved in any way. May not publish any photo etc of any such juvenile.

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3
Q

Who can attend a youth court?

A

Not just anybody from the general public. People from a Bone Fide media organisation can attend.

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4
Q

Do children in an adult court have the right to anonymity? If not, how can this be gained?

A

Children have no right to anonymity in an adult court, but the court may pass a Section 39 order under the Children and Young Person’s Act 1933.

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5
Q

In preliminary hearings, what are the reports restricted by?

A

The Magistrates Court Act - or CRIME AND DISORDER ACT AS IT IS NOW KNOWN.

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6
Q

What are the 10 points of the Crime and Disorder Act?

A

You can name:

  1. The name of the court
  2. the names addresses and occupations of the parties, including the defendants, and of witnesses and the ages of the defendants and witnesses.
  3. The charges, full or summarised
  4. The names of legal representatives
  5. details of adjournment
  6. arrangements as to bail
  7. legal aid
  8. reporting restrictions
  9. Crown Court
  10. Disposal
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7
Q

What laws govern sexual offences?

A
  1. Sexual offences amendment act 1976
  2. Sexual Offences Act 1992
  3. Sexual Offences Act 2004 amended
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8
Q

If somebody has been the victim of a sexual assault what happens?

A

Once a formal allegation of rape has been made, the victim’s name, address, workplace, school, picture or any particulars which may lead to their identity being revealed, must not be published in their lifetime.

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9
Q

What are the exceptions of the sexual offences laws?

A
  1. Where publication is of a report of criminal proceedings other than rape proceedings.
  2. Where the judge is satisfied, on application of the defence that lifting the restriction is necessary to encourage witnesses to come forward.
  3. Where the victim gives their consent.
  4. Where, on application of the media, the trial judge is satisfied that the restriction places an unreasonable constraint on the reporting of the case and it is in the public interest to lift it.
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10
Q

What is one thing to be particularly careful of when talking about Sexual Offences?

A

JIGSAW IDENTIFICATION.

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