T v Director of Public Prosecutions & Anor [2003] EWHC 2408 (Admin) (06 October 2003)

T v Director of Public Prosecutions & Anor [2003] EWHC 2408 (Admin) (06 October 2003)

Section 49 of the Children and Young Persons Act 1933 does not apply to prevent the identification of a defendant who has turned 18 during the course of youth court proceedings; the reporting restriction ceases when the individual is no longer a 'child or young person' as defined by the Act.

Citation
[2003] EWHC 2408 (Admin)
Parties
Claimant: T; First Defendant: Director of Public Prosecutions; Second Defendant: North East Press Ltd
Jurisdiction
England and Wales
Judgment Date
06 October 2003
Procedural Posture
Appeal by Way of Case Stated / Divisional Court Judgment on Appeal From Magistrates' Court
Outcome
Appeal dismissed
Legal Topics
Reporting Restrictions, Children and Young Persons Act 1933, Anonymity in Youth Proceedings, Freedom of Expression, Right to Privacy
Criminal Law Media Law Youth Justice Reporting Restrictions Children and Young Persons Act 1933 Anonymity in Youth Proceedings Freedom of Expression Right to Privacy

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Parties

T

Claimant

Director of Public Prosecutions

First Defendant

North East Press Ltd

Second Defendant

Procedural Posture

Appeal by Way of Case Stated / Divisional Court Judgment on Appeal From Magistrates' Court

Legal Issues

  1. 1 Does section 49 of the Children and Young Persons Act 1933 continue to apply to prevent identification of a defendant who turns 18 during youth court proceedings?
  2. 2 Should reporting restrictions remain in force after the defendant ceases to be a 'child or young person' as defined by the Act?

Ratio Decidendi

Section 49 of the Children and Young Persons Act 1933 does not apply to prevent the identification of a defendant who has turned 18 during the course of youth court proceedings; the reporting restriction ceases when the individual is no longer a 'child or young person' as defined by the Act.

Court Disposition

Appeal dismissed

Orders

  • The answer to the question posed by the Magistrates is in the affirmative: reporting restrictions under section 49(1) do not apply once the defendant has turned 18.
  • No section 11 order remains in place.