Court Reporting Exam
What is a juvenille? - Answers -Children and young people, aged UNDER 18 years
What is a child classed as? - Answers -0-14
What age is under the age of criminal responsibility? - Answers -0-10 are under the age
of criminal responsibility (deemed as not knowing right from wrong at this point). Above
10 you know right from wrong and therefore can be tried with evidence.
What age is a young person? - Answers -14-18
What age is a young offender? - Answers -18-21
When can a young offender be sent to a YOI (Young Offenders Instutite)? - Answers -If
as an adult they would have got 7 years in prison
What is a youth court? - Answers -Sits like a mags court
Not open to the public except parents, witnesses, victims, those involved etc, but is
open to BONEFIDE journalists and members of news organisations and agencies
However, mags CAN say no to the press by law
When was a youth court created? - Answers -1933 - Children and Young Person Act
(CYPA)
What are all offences by juvenilles classed as? (either way, summary etc?) - Answers -
Summary - trialled by mags alone at a youth court
What is the exception to this? - Answers -Where the offence carries a maximum penalty
of 14 years or more
Define jigsaw identification - Answers -Describes the effect when someone whom the
law has given anonymity is nevertheless identifiable to the public because of a
combination or accumulation of detail published.
This is why all journalists should talk to eachother in a courtroom to decide what will and
wont be published.
What must an individual include in a written waiver asking for their anonymity to be
removed? - Answers -They must state that they have not been subject to any
interference.
They are reminded to think deeply about their decision
Protects journalists if they later complain
,What act still applies to youth courts? - Answers -Crime and Disorder Act Section 52A
(CDA)
What act gives automatic anonymity to juvenilles (defendants, witnesses, victims etc)
sat in youth courts? - Answers -s49 of the CYPA 1933.
What does a s49 ban the publication of? - Answers -Name
Address
School
Workplace
Picture or video of them
NOT AGE!!!
ANYTHING which would make them identifiable. For example, you could not write the
parents name as this would make the child identifiable, or if the child did something
specific like played the harp or had a blue mowheakan.
(this applies to newspaper, broadcast, internet and social media)
Explain the three scenarios when s49 restrictions can be lifted. - Answers --Unlawfully
at large/ on the run - to assist with arrest and make them identifiable.
-To avoid injustice to the juvenille - making them identifiable can help appeal for
witnesses to help with a case
-Under the Crime (Sentences) Act 1997 - Public Interest AFTER CONVICTION - if the
court feels it is in the public interest to remove for example bc of persistent offending.
What act gives anonymity (which is not automatic) to a juvenille in a civil or family case
in an adult court?
Again this includes any juvenille involved in an adult case. - Answers -s39 of the CYPA
1933
Any adult court can impose a s39 order. When can't this be used? - Answers --To
protect the identity of a dead child, for example the victim of a murder. Case Law - Mr
Justice Bristow - "Dead children are beyond protection".
-To protect the identity of an adult defendant - cases where adults are charged with
offences against their own children. (You would likely not report they were related at all
to ensure the child has anonymity).
-To protect the identity of any juvenile not involved/ concerned in proceedings as a
witness/ victim/ defendant.
, What act gives juvenilles in an adult courts anonymity (which is not automatic)?
Juvenilles can include defendants, co-defendants, witnesses etc. - Answers -s45 of the
YJCE Act 1999 - Youth Justice and Criminal Evidence Act.
What does a s49 order ban the publication of? - Answers -ANYTHING likley to identify a
juvenille - only until they turn 18. If a child turns 18 during a case their anonymity is no
longer granted.
There must be "good reason" to grant anonymity.
Name, address, school, workplace, picture or video.
You could for example use an unidentifiable photo such as a pixelated one or of the
back of their head if not distinct.
When can a s49 order not be imposed? - Answers --It is necessary in the interests of
justice to identify them
-Restrictions impose a substantial and unreasonable restriction on the reporting of
proceedings and it is in the public interest to remove or relax the restriction
-They are about to turn 18 anyway
-They have previously been identified in reports
-They are dead
What is our defence as reporters if we were to accidentally identify an individual? -
Answers -Section 50 of the YJCE Act 1999.
This says "At the time of the alleged offence the publisher was not aware and neither
suspected nor had reason to suspect that the publication included the matter of report in
question".
What act gives juvenilles lifelong anonymity ? - Answers -s45 A of the YJCE Act 1999
When is the s45 A applied? - Answers -This is ONLY applied when witnesses or victims
QUALITY OF evidence or the level of cooperation they give to any part of proceedings
is likely to be diminished bc of genuine fear or distress in connection with being
identified as someone involved in proceedings.
What does the Editors Code of Conduct say in relation to Children and sex cases? -
Answers --The press must not, even if legally allowed to, identify a child involved in a
sex case under 16.
-The child must not be identified
-The adult may be identified
-Do not imply any relationship between the child and accused (Jigsaw identification)
-Do not use the word incest
What is a juvenille? - Answers -Children and young people, aged UNDER 18 years
What is a child classed as? - Answers -0-14
What age is under the age of criminal responsibility? - Answers -0-10 are under the age
of criminal responsibility (deemed as not knowing right from wrong at this point). Above
10 you know right from wrong and therefore can be tried with evidence.
What age is a young person? - Answers -14-18
What age is a young offender? - Answers -18-21
When can a young offender be sent to a YOI (Young Offenders Instutite)? - Answers -If
as an adult they would have got 7 years in prison
What is a youth court? - Answers -Sits like a mags court
Not open to the public except parents, witnesses, victims, those involved etc, but is
open to BONEFIDE journalists and members of news organisations and agencies
However, mags CAN say no to the press by law
When was a youth court created? - Answers -1933 - Children and Young Person Act
(CYPA)
What are all offences by juvenilles classed as? (either way, summary etc?) - Answers -
Summary - trialled by mags alone at a youth court
What is the exception to this? - Answers -Where the offence carries a maximum penalty
of 14 years or more
Define jigsaw identification - Answers -Describes the effect when someone whom the
law has given anonymity is nevertheless identifiable to the public because of a
combination or accumulation of detail published.
This is why all journalists should talk to eachother in a courtroom to decide what will and
wont be published.
What must an individual include in a written waiver asking for their anonymity to be
removed? - Answers -They must state that they have not been subject to any
interference.
They are reminded to think deeply about their decision
Protects journalists if they later complain
,What act still applies to youth courts? - Answers -Crime and Disorder Act Section 52A
(CDA)
What act gives automatic anonymity to juvenilles (defendants, witnesses, victims etc)
sat in youth courts? - Answers -s49 of the CYPA 1933.
What does a s49 ban the publication of? - Answers -Name
Address
School
Workplace
Picture or video of them
NOT AGE!!!
ANYTHING which would make them identifiable. For example, you could not write the
parents name as this would make the child identifiable, or if the child did something
specific like played the harp or had a blue mowheakan.
(this applies to newspaper, broadcast, internet and social media)
Explain the three scenarios when s49 restrictions can be lifted. - Answers --Unlawfully
at large/ on the run - to assist with arrest and make them identifiable.
-To avoid injustice to the juvenille - making them identifiable can help appeal for
witnesses to help with a case
-Under the Crime (Sentences) Act 1997 - Public Interest AFTER CONVICTION - if the
court feels it is in the public interest to remove for example bc of persistent offending.
What act gives anonymity (which is not automatic) to a juvenille in a civil or family case
in an adult court?
Again this includes any juvenille involved in an adult case. - Answers -s39 of the CYPA
1933
Any adult court can impose a s39 order. When can't this be used? - Answers --To
protect the identity of a dead child, for example the victim of a murder. Case Law - Mr
Justice Bristow - "Dead children are beyond protection".
-To protect the identity of an adult defendant - cases where adults are charged with
offences against their own children. (You would likely not report they were related at all
to ensure the child has anonymity).
-To protect the identity of any juvenile not involved/ concerned in proceedings as a
witness/ victim/ defendant.
, What act gives juvenilles in an adult courts anonymity (which is not automatic)?
Juvenilles can include defendants, co-defendants, witnesses etc. - Answers -s45 of the
YJCE Act 1999 - Youth Justice and Criminal Evidence Act.
What does a s49 order ban the publication of? - Answers -ANYTHING likley to identify a
juvenille - only until they turn 18. If a child turns 18 during a case their anonymity is no
longer granted.
There must be "good reason" to grant anonymity.
Name, address, school, workplace, picture or video.
You could for example use an unidentifiable photo such as a pixelated one or of the
back of their head if not distinct.
When can a s49 order not be imposed? - Answers --It is necessary in the interests of
justice to identify them
-Restrictions impose a substantial and unreasonable restriction on the reporting of
proceedings and it is in the public interest to remove or relax the restriction
-They are about to turn 18 anyway
-They have previously been identified in reports
-They are dead
What is our defence as reporters if we were to accidentally identify an individual? -
Answers -Section 50 of the YJCE Act 1999.
This says "At the time of the alleged offence the publisher was not aware and neither
suspected nor had reason to suspect that the publication included the matter of report in
question".
What act gives juvenilles lifelong anonymity ? - Answers -s45 A of the YJCE Act 1999
When is the s45 A applied? - Answers -This is ONLY applied when witnesses or victims
QUALITY OF evidence or the level of cooperation they give to any part of proceedings
is likely to be diminished bc of genuine fear or distress in connection with being
identified as someone involved in proceedings.
What does the Editors Code of Conduct say in relation to Children and sex cases? -
Answers --The press must not, even if legally allowed to, identify a child involved in a
sex case under 16.
-The child must not be identified
-The adult may be identified
-Do not imply any relationship between the child and accused (Jigsaw identification)
-Do not use the word incest
