Missed questions for this/last week. Did you get them? Post in comments, please!
Who is a child?
- 17 and below (in civil court and criminal court)
- First interaction will be in the youth court.
- Age 10 is age of mental capacity for committing a crime. Under 10s cannot be convicted of crimes.
The law: 10/17/18
- Under 10s cannot be convicted.
- Will be in youth court under 17.
- Can be published about over 18.
Those at school
- Those in school have a right to be left alone by the media.
- Can’t interview about anything.
16 and 17
- Hard news — care should be taken, parental permission sought before interview
- Soft news, celebrity news, etc. — probably less necessary.
Children in the criminal courts
Prior to proceedings
- Ofcom and PCC — care has to be taken if identifying child under 18.
- Serious cases will be transferred — i.e., murder
§39 Children and Young Persons Act 1933 — discretionary order banning publication of name, address, school, etc.
- Judges will ordinarily apply.
- Identification doesn’t mean just not naming — also means not giving sufficient detail so that not to identify that person.
- Can be lifted
Children “concerned in the proceedings”
- “Salt poisoning” case — child involved in the proceedings but not concerned.
- Although child might be affected by the fact father/mother/etc. is involved, should not hinder open justice.
- I.e., party to the proceedings — not merely related.
Those who turn 18
- §39 automatically lifted when child turns 18.
- Less reason to impose §39 than for someone who can read.
Children as victims of sexual offenses
- Interviewing those under 16 — consent needed
- At school — the right to be left alone
Children of celebrities
- Should not be reported unless there’s some justification other than the parent is famous or parent has taken child to, say, a premiere.
- Murray v Big Pictures
Children as viewers
- The watershed
- Not glamorising drugs, crime