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If under 18 when crime committed

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  • If under 18 when crime committed

    Hello need some advice please
    When a under 18 year old commits a crime and is charged but turns 18 before court proceedings can the press (papers and internet press) print the details of the case and the personal details of the person being charged.
    I have recently seen a youth (17) threw bleach in the face of a 16 year old girl recieved 6 years (which was reduced from 14 years) but no press have reported it due to him being 17 when offence committed. BUT my step son who committed a assualt (when 17) has just started proceedings at court (he's 18 now) and the press are reporting his name and details of the case.
    Both cases have/are being heard in the same crown court but it seems like one rule for one and not the other.
    Can anyone explain to me why this is the case?
    Any advice would be greatly appreciated as the press influence on opinions and being part of the punishment is large in a small community.
    Thank you
    Tags: None

  • #2
    Re: If under 18 when crime committed

    HI and welcome

    Rather than wading through the Acts you may find the answer in this guidance from CPS. http://www.cps.gov.uk/legal/p_to_r/r..._restrictions/
    Did anybody request restriction?

    The identity of a victim, witness or defendant under the age of 18 who is concerned in proceedings in a magistrates' court or the Crown Court may be published unless the court makes an order under section 45 YJCEA 1999 restricting reporting of any matter relating to such a person in any publication if it is likely to identify them as being concerned in the proceedings whilst he is under 18; or in a sound or television broadcast (section 39 CYPA 1933 and section 57(4) Children and Young Persons Act 1963).
    Section 45(8) YJCEA 1999 specifies the matters relating to the person aged under 18 as being:
    • His name
    • His address
    • The identity of any school or other educational establishment attended by him
    • The identity of any place of work
    • Any still or moving picture of him

    Section 63 of the YJCEA 1999 defines publication as any speech, writing, relevant programme or other communication in whatever form which is addressed to the public at large or any section of the public. This wide definition therefore includes any posts on Social Media including Facebook, Twitter etc.

    Prosecutors should make an application to restrict reporting the identity or details that would lead to the identity of a victim and witness under the age of 18 under section 39 CYPA 1933 when the victim or witness has requested this restriction. If the views of the victim or witness have not been ascertained, prosecutors should still seek such restrictions if these would appear to be in the best interests of the young victim or witness, having regard to the principles set out in this guidance.
    Young victims of rape and other serious sexual offences will have automatic anonymity subject to the provisions of the Sexual Offences (Amendment) Act 1992. Young witnesses to such offences do not receive this protection and so therefore it is at the discretion of the court to make an order under section 39 CYPA 1933.

    Comment


    • #3
      Re: If under 18 when crime committed

      Thank you for the quick response. As far as I'm aware his name didn't appear in the cases to be heard list, it was just stars but as far as I'm aware no order was made or would have been granted as there would be no cause to grant one
      Last edited by Car1jones; 4th October 2016, 17:52:PM. Reason: Missed word

      Comment

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