The age of criminal responsibility
According to the law, one gains criminal responsibility when they hit 10 years old, any younger than
they are unable to be prosecuted for a crime as they are considered as being too young to understand
the difference between what is lawfully wrong and right. However, although they can be prosecuted,
they may receive supervision.
The criminal law, however, considers all those under the age of 14 as being children, whilst those
between 14 and 17 are young adults. The term juveniles explains anybody under the age of
18-years-olds.
Youth Courts
Youth courts are considered superior to a district judge and a magistrate, as they have greater authority
over children. These courts are designed to be smaller than a magistrate to avoid intimidation. Those
who work in these courts have specialised training for their profession to avoid intimation. If a child
or young adult is denied bail, then they will be sent to a non-secure accommodation, or held under
custody if the crime committed was consistent or dangerous.
However, the Youth Courts do not have the authority to deal with crimes like homicide, they can deal
with crimes like rape and robbery - although these can be referred to the crowns.
If the young person is under 16, then any fine they receive is the
responsibility of their parent / owner. They may also be punished
with the following as part of a ‘youth rehabilitation order’:
1. Curfew
2. Unpaid work / volunteering
3. Mental health treatments
4. Guidance sessions
The Youth Courts can refer a case as being ‘grave’- these are
crimes which, if the defendant was an adult, they would be
charged with a sentence of 14 years or more. The courts dealing
with these cases by analysing whether the defendant would benefit from a two-year detention and
training order, or whether this would be an effective enough punishment. If this is the case, then it will
be dealt with by the Crowns - similarly to an either-way charge. If the defendant is co-accused with an
adult, then they may not appear in the Youth Court at all.
Section 8c of the Magistrates Act of 1980 also applies to the Youth Court.
Admission to youth court
The public are not permitted to go inside a Youth Court in order to:
1. Protect the young individual
2. Prevent the young person from being exposed to publicity
This is no matter whether the person is the defendant, witness or victim.
Evidence of a journalist’s right to attend a Youth Court case
47
, On the 17th of October 2019, Sarah Marshall, who was a court reporter for the Sheffield Star and
Doncaster Free Press, went to Doncaster’s youth court where she was told that reporters were not
allowed to attend. Sarah cited the 1933 act, showed her UK press card and referred to the ‘Her
Majesty’s Courts and Tribunal Services’, however was refused entry being told she needed permission
from the Magistrate. She tweeted: “reporters really shouldn’t be treated with such a high level of
suspicion, especially when they show court staff their credentials and relevant law that allows them
access from the offset.” However, we still cannot report the following under Section 49 of the
automatic restrictions:
1. The age of the involved under 18-years-old
2. The addresses of the under 18-year-olds
3. The identification of the education establishments that the under 18-year-olds attend
4. The identification of any work location’s of the under 18-year-olds
5. Videos or pictures of the under 18-year-olds.
However, any deceased victims can be named if they are not “concerned in the proceedings.”
- In 2016, Thomas Sinclair was fined for naming a 17-year-old defendant.
Do not include details likely to allow identification
You could say for example : “a 14-year-old Bradford
boy” - the location given is broad and could be applied to
several people, whilst “a 14-year-old Keighley boy” -
could result in local identification due to the location
being more specified. Other specifications cannot be
published, such as:
- Nickname
- Unique features / characteristics
- An educational establishment could be named if
identification is avoidable - however, this can only be done if the judge agrees that it is in the
public’s interest - for example, this particular school has a high drug rate, or it is a popular big
university.
Who can be prosecuted for breaching section 49 (Crown Court appeals from Youth Courts)
1. Newspapers
2. Periodic proprietor
3. Editors
4. Publishers
5. Programmes
6. A body corporate - ie, a director or manager
Said breaching would be dealt with by a fine unlimited by statute
When section 49 fails to apply
The anonymity of section 49 expires when the involved turns 18. The 1933 Act was amended to make
this clear, following R (on the application of JC & RT) v Central Criminal Court (2014.) The High
Court can extend anonymity however, it is unlikely. Section 49 can be breached on the following
terms:
1. To avoid injustice: a youth court may allow reporters to idenitfy an individual during a
preliminary hearing, if the defendant wants to prove an alibi - “my client Joe Doe was at the
funfair that night, not the crime scene. Did anyone see him there?” Furthermore, this maybe
done to avoid speculation - eg, claims the victim was the defendant.
48
According to the law, one gains criminal responsibility when they hit 10 years old, any younger than
they are unable to be prosecuted for a crime as they are considered as being too young to understand
the difference between what is lawfully wrong and right. However, although they can be prosecuted,
they may receive supervision.
The criminal law, however, considers all those under the age of 14 as being children, whilst those
between 14 and 17 are young adults. The term juveniles explains anybody under the age of
18-years-olds.
Youth Courts
Youth courts are considered superior to a district judge and a magistrate, as they have greater authority
over children. These courts are designed to be smaller than a magistrate to avoid intimidation. Those
who work in these courts have specialised training for their profession to avoid intimation. If a child
or young adult is denied bail, then they will be sent to a non-secure accommodation, or held under
custody if the crime committed was consistent or dangerous.
However, the Youth Courts do not have the authority to deal with crimes like homicide, they can deal
with crimes like rape and robbery - although these can be referred to the crowns.
If the young person is under 16, then any fine they receive is the
responsibility of their parent / owner. They may also be punished
with the following as part of a ‘youth rehabilitation order’:
1. Curfew
2. Unpaid work / volunteering
3. Mental health treatments
4. Guidance sessions
The Youth Courts can refer a case as being ‘grave’- these are
crimes which, if the defendant was an adult, they would be
charged with a sentence of 14 years or more. The courts dealing
with these cases by analysing whether the defendant would benefit from a two-year detention and
training order, or whether this would be an effective enough punishment. If this is the case, then it will
be dealt with by the Crowns - similarly to an either-way charge. If the defendant is co-accused with an
adult, then they may not appear in the Youth Court at all.
Section 8c of the Magistrates Act of 1980 also applies to the Youth Court.
Admission to youth court
The public are not permitted to go inside a Youth Court in order to:
1. Protect the young individual
2. Prevent the young person from being exposed to publicity
This is no matter whether the person is the defendant, witness or victim.
Evidence of a journalist’s right to attend a Youth Court case
47
, On the 17th of October 2019, Sarah Marshall, who was a court reporter for the Sheffield Star and
Doncaster Free Press, went to Doncaster’s youth court where she was told that reporters were not
allowed to attend. Sarah cited the 1933 act, showed her UK press card and referred to the ‘Her
Majesty’s Courts and Tribunal Services’, however was refused entry being told she needed permission
from the Magistrate. She tweeted: “reporters really shouldn’t be treated with such a high level of
suspicion, especially when they show court staff their credentials and relevant law that allows them
access from the offset.” However, we still cannot report the following under Section 49 of the
automatic restrictions:
1. The age of the involved under 18-years-old
2. The addresses of the under 18-year-olds
3. The identification of the education establishments that the under 18-year-olds attend
4. The identification of any work location’s of the under 18-year-olds
5. Videos or pictures of the under 18-year-olds.
However, any deceased victims can be named if they are not “concerned in the proceedings.”
- In 2016, Thomas Sinclair was fined for naming a 17-year-old defendant.
Do not include details likely to allow identification
You could say for example : “a 14-year-old Bradford
boy” - the location given is broad and could be applied to
several people, whilst “a 14-year-old Keighley boy” -
could result in local identification due to the location
being more specified. Other specifications cannot be
published, such as:
- Nickname
- Unique features / characteristics
- An educational establishment could be named if
identification is avoidable - however, this can only be done if the judge agrees that it is in the
public’s interest - for example, this particular school has a high drug rate, or it is a popular big
university.
Who can be prosecuted for breaching section 49 (Crown Court appeals from Youth Courts)
1. Newspapers
2. Periodic proprietor
3. Editors
4. Publishers
5. Programmes
6. A body corporate - ie, a director or manager
Said breaching would be dealt with by a fine unlimited by statute
When section 49 fails to apply
The anonymity of section 49 expires when the involved turns 18. The 1933 Act was amended to make
this clear, following R (on the application of JC & RT) v Central Criminal Court (2014.) The High
Court can extend anonymity however, it is unlikely. Section 49 can be breached on the following
terms:
1. To avoid injustice: a youth court may allow reporters to idenitfy an individual during a
preliminary hearing, if the defendant wants to prove an alibi - “my client Joe Doe was at the
funfair that night, not the crime scene. Did anyone see him there?” Furthermore, this maybe
done to avoid speculation - eg, claims the victim was the defendant.
48
