T v Director of Public Prosecutions & Anor

T v Director of Public Prosecutions & Anor

Section 49 reporting restrictions apply only while the person concerned remains a child or young person as defined by the Act. Once the individual turns 18, the restrictions fall away, and there is no statutory basis to prevent identification. The Magistrates were correct to conclude that section 49(1) no longer applied once the defendant attained 18 years.

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 / Judgment on Appeal From Magistrates' Court
Outcome
Appeal dismissed
Legal Topics
Reporting Restrictions, Children and Young Persons Act 1933, Identification of Young Offenders, Freedom of Expression, Privacy Rights
Criminal Law Media Law Youth Justice Reporting Restrictions Children and Young Persons Act 1933 Identification of Young Offenders Freedom of Expression Privacy Rights

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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 / Judgment on Appeal From Magistrates' Court

Legal Issues

  1. 1 Does section 49(1) 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 be lifted once the defendant ceases to be a child or young person as defined by the Act?

Ratio Decidendi

Section 49 reporting restrictions apply only while the person concerned remains a child or young person as defined by the Act. Once the individual turns 18, the restrictions fall away, and there is no statutory basis to prevent identification. The Magistrates were correct to conclude that section 49(1) no longer applied once the defendant attained 18 years.

Court Disposition

Appeal dismissed

Orders

  • The answer to the question posed by the Magistrates is in the affirmative: section 49(1) no longer applies once the defendant turns 18.
  • No section 11 order remains in place.