48087
Description
Flashcards by Maria O'Dempsey, updated more than 1 year ago
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Created by Maria O'Dempsey
about 11 years ago
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| Question | Answer |
| Anonymity | May be lifted: 1) Avoid injustice to juvenile 2) Public interest - CSA 1997 - persistent/serious offending 3) Juvenile wanted for serious offence |
| ID of Dead Children & Adults | Children: Court can attempt to ban name being published but usually already published in inquest/coroners report Adults: 1991 Court of Appeal: Courts should not ban ID unless defendant is a child - Jigsaw ID a problem PCC Code 7 Sexual Abuse: 1) Child must not be ID'd 2) Adult may be ID'd 3) 'Incest' must not be used 4) Nothing of relationship must be implied OFCOM: B'casters should avoid jigsaw ID |
| ASBO's | - Prohibiting repetition of objectionable conduct against defendant over 10 years Two types: 1) Brought by local authority - No automatic ban on ID - Courts may impose S39 - MC Civil Proceedings (Adult court) 2) "Bolt on" before YC after conviction - S49 - No automatic ban in report of 2nd proceedings - S39 may be imposed - YC has the power to lift anonymity in PI - Media have option of reporting ASBO w/out giving names or details of offence - ASBO breached: YC but under SOCPA, Anonymity does NOT apply, S39 may be imposed |
| Youth Courts | - 10 age of responsibility - Under 18 - If person becomes 18 before appearing in court tired in adult court - General public barred except victims - Reports entitled under S49 of CYPA '22 - Serious Crimes committed for trial at CC - S8 of MCA applies |
| Restrictions | - S49: Reports must not contain 1) Name/address/school/particulars 2) Photograph - Nothing ID's juvenile in any way - Can name adult if does not ID juvenile - Automatic - S39 can be imposed in CC - Press can challenge: 1) Paper informal request 2) Editor write to clerk/justice 3) Paper ask QBD judicial review OVP - Evening Herald - Breach of S49 - Fined £25,000 2003 - Photo of 15 yo boy - convicted of stabbing fellow pupil |
| Restrictions in Adult Court | - S39: No automatic ban but can be imposed at any time during proceedings 1) Not reveal NASP 2) No photograph OVP - Judicial studies board for CC - "The power should not be exercised as a matter of routine but the court should balance the general requirement for open justice with the need to protect young people involved in the proceedings" |
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