Page 183 - Law and the Media

Law and the Media
The Youth Justice and Criminal Evidence Act 1999
The relevant sections of this Act, known as ‘the Youth Justice Act’, are not yet in force. Once
in force, Section 39 of the Children and Young Persons Act 1933 will only apply to civil
proceedings and those criminal proceedings instituted before the Youth Justice Act came into
force (Schedule 2 Section 2 of the Youth Justice Act).

Under Section 44 of the Youth Justice Act, as soon as a criminal investigation conducted by
the police (or any other charged with the duty of investigating offences) has begun there will
be an automatic prohibition on identifying a person under 18 involved in the investigation,
whether as the accused, a victim or a witness. The automatic prohibition will cease to have
effect when proceedings relating to the offence have begun. Under Section 44 reports may
not include the young person’s:

Name
Address
School or place of work, or
Any still or moving picture of the young person.

A magistrates’ court or crown court will be able to lift reporting restrictions under Section
44 if they believe it is in the interests of justice to do so and unrestricted reporting will not
prejudice the welfare of the young person. Reporting restrictions may nevertheless apply in
regard to cases involving sexual offences.

Once proceedings have begun, under Section 45 of the Youth Justice Act, a magistrates’ court
or crown court will be able to prohibit any media reports that identify young persons under
the age of 18 if they are the accused, the victim or a witness. The court will be able to restrict
reporting on the same matters subject to restriction under Section 44. The prohibition is
discretionary and will be made only if it is in the interests of the young person to do so, and
will not impose a substantial and unreasonable restriction on the reporting of the
proceedings. The power should not be used as a matter of routine, and it will cease to have
effect when the young person reaches the age of 18. The court will also be able to prohibit
reporting after proceedings have commenced under other legislation, such as Section 1(2) of
the Sexual Offences (Amendment) Act 1992 (see part 9.7 below).

Any person who is party to the proceedings, or any other person with leave of the court, will
be able to appeal to the crown court against the decision of the magistrates’ court to make
or refuse to make an order lifting the restriction.

Breach of Sections 44 and 45 of the Youth Justice Act will be an offence. Only the proprietor,
editor or publisher of a newspaper, or a broadcaster with the function of a newspaper editor,
will be liable. The Attorney General must consent to proceedings for an offence under
Section 44 or 45.
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