I am increasingly being asked by journalists if they are permitted to disclose the identity of children and young persons who are being dealt with in the criminal justice system. There seems to be some confusion regarding the law in this area. I hope the following is of some use to anyone reporting on criminal proceedings.
Section 39 of the Children and Young Persons Act 1933 makes it a criminal offence to publish any details of a child or young person that might lead to them being identified as being involved in criminal proceedings. This would include in particular:
- their name;
- their address;
- the identity of any school or other educational establishment attended by them;
- the identity of any place of work; and
- any still or moving picture of them.
This includes defendants, victims and witnesses. The Order would no longer apply in respect to any of the aforementioned once the age of 18 is attained.
It is often the case that an Order will come to an end at the conclusion of a case but this should not be assumed. A judge can order that reporting restrictions remain in place after a case concludes. In my opinion it would be best practice to check with the Court in respect of any individual whose identity you want to reveal. If reporting restrictions were in place you could apply to have them removed.
Section 44 of the Youth Justice and Criminal Evidence Act 1999 is aimed at imposing restrictions on reporting alleged offences involving persons under 18. Again, this applies equally to suspects, victims and witnesses. An application of this sort would be made in a Magistrate's Court and is used to restrict reporting on those involved in an offence that is under investigation. The effect of this would be to restrict reporting prior to a first appearance at court, and after the first appearance the restrictions would cease to apply. If a situation arises where an investigation concludes with no further action being taken against a suspect, it would still be prudent to check if any reporting restrictions remain in place before revealing the identity of any individual.
To breach any Court Order is a contempt of court which is a criminal offence. However, the most likely sanction for a breach under section 39 would be to charge with a summary offence, which would ordinarily result in a financial penalty.
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