Children and Young Person Act 1933

1. Children and Young Person Act 1933 Discretionary (almost always imposed) anonymity order on any under 18 year old in adult court. Witness/defendant/victim. Order invalid when they reach 18th birthday on dead child When child’s name already in public. i.e. defendant who boasted of actions on FB Challenge if passed: Orders and Challenges on v young child To spare adult defendant’s children from embarrassment on child ‘not involved in proceedings’ Automatic anonymity in youth court. Can be lifted in 3 circumstances Passed on adult (illegal) To avoid injustice Appeal for witnesses Confirm alibi Persistent Offender If young person ‘unlawfully at large’ charged with/convicted of violent/sexual offence which carries long jail term. In public interest Under Crime act 1997 Notorious Crime

2. Section 46 Gives court’s power to grant anonymity to adult witness for their lifetime Youth and Criminal Justice Act 1999 Must be genuine ‘fear or distress’ to extent, no anonymity = no co-operation with court i.e. wouldn’t give evidence, or quality of evidence would be affected ‘Fear or distress’ should not be used to cover embarrassment or disinclination to give evidence

3. Contempt of Court Act To protect person from attack Can ban media from reporting person’s name, address, or other info. Blackmail Section 11 Often used in cases of: Commercially sensitive information Section 4(2) Can challenge if: Must be real and immediate risk to their safety (media entitled to ask to see evidence) National security Postponing order Name/details have been mentioned in open court proceedings Made for ’comfort and feelings” of defendant i.e. Evesham Justices Can postpone report of whole trial or parts of it Necessary for justice to be done Used to avoid prejudice in upcoming proceedings against same defendant or the same gang/incident Can’t be used to stop reporting of proceedings outside courtroom i.e. defendants escaped and on the run. Risk of prejudice must be substantial

4. Sex Offences Act Rare occasions to lift anonymity By court order at the request of the defendant to induce witnesses to come forward By court order to avoid ‘substansial and unreasonable restrictions on reporting’ in the public interest If the victim, over 16 and in writing, gives consent. Nobody must have interfered with his/her ‘peace or comfort’ to gain this waiver