Reporting Restrictions in Criminal Courts
Law and Rights

Reporting Restrictions in Criminal Courts

"It is essential requisite of the criminal justice system that it should be administered in public and subject to public scrutiny"

That statement by the present Lord Chief Justice (Lord Thomas of Cwmgiedd), is in the foreword to the April 2015 Reporting Restrictions in the Criminal Courts Guide (the Guide).  See also the Supplementary Note dated 30th July and which applies to Children and Young Persons.  Although the "Open Justice" principle remains as a foundation stone of the criminal justice system, it will be seen from the Guide that numerous exceptions exist.  Various recent legislation has come into force and this is addressed in the guide.

A commonly imposed order was a "section 39" order - under the Children and Young Persons Act 1933 s.39.  This no longer applies in criminal cases and is replaced by the Youth Justice and Criminal Evidence Act 1999 s.45.  The public is generally excluded from Youth Courts (Children and Young Persons Act 1933 s.47) but exceptions exist for media representatives.

- Youth Justice - Venue For Trial
In England and Wales, criminal trials of children (aged 10 to 13) and young offenders (14 to 17 inclusive) normally take place in a Youth Court.  Such courts are a specialist subset of magistrates' courts and the judiciary will be either Justices...

- The Family Court For England And Wales
As from 22nd April 2014, there is a new Family Court for England and Wales - see Crime and Courts Act 2013 section 17.  Section 17 inserts Part 4A into the Matrimonial and Family Proceedings Act 1984. Read section 17 along with the Schedule 10 and ...

- Explaining Our Law And Legal System ... No.7 ... Youth Justice ... Part 2 (modern System)
Updated 30th August The key features of the youth justice system: For youth justice purposes, a child is aged 10 to 13 and a young person is aged 14 to 17.  Persons under age 10 cannot, in law, be guilty of a criminal offence though local authorities...

- Criminal Liability Of Children And Their Trials
Two boys (now aged 10 and 11) have been convicted of attempted rape - see The Independent 24th May 2010. The trial was held at the Old Bailey and has sparked outrage in some quarters (especially children's charities) - see the BBC report.  The...

- The Evidence Of Children And Young Persons
"Children are the living messages we send to a time we will not see" - John W. Whitehead - "The Stealing of America" - 1983. The question of whether children and young persons are permitted to give evidence in court has a long and convoluted history. ...

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