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Question 1
Three 13-year-old boys are due to appear before magistrates because the local council wants the court
to impose anti-social behaviour orders, under the Crime and Disorder Act 1998, against these boys, to
forbid them to repeat noisy, unpleasant behaviour around the flats where their families live.
a) What sort of magistrates’ hearing will deal with the council’s request?
c) If the boys allegedly breach an anti-social behaviour order, which court will normally deal with the
alleged breach?
d) Will any reporting restrictions will be in force under (c) as regards that court hearing? (30 marks)
Model answer
a) The adult magistrates court in civil proceedings (three marks)
b) There is no automatic ban on naming juveniles concerned in civil proceedings at an adult court, so
the boys can be named (three marks)
unless the magistrates use their discretion to make a section 39 order, under the 1933 Children and
Young Persons Act, in which case the boys could not be identified,
and matter published in relation to the hearing should not contain
the name
address
photograph
or school
or any particulars leading to the identification
of any child or young person [i.e. juvenile] concerned in the proceedings,
including any juvenile witnesses (six marks)
c) breach of an anti-social behaviour order is a criminal offence, so any allegation that there has been
a breach by a juvenile will normally be heard by the youth court (three
marks)
d) In a youth court, section 49 of the 1933 Act normally applies to criminal cases, and has the same
scope as a section 39 order, above
Section 49 does not apply to youth court criminal hearings in which breach of ASBO is alleged, so the
boys could be identified in such media reports (irrespective of whether a breach is proven)
(3 marks)
unless the youth court decides to protect their identity, by using its discretion make a section 39 order
(3 marks)
If it does make a section 39 order in such a hearing, the youth court must - under the Serious
Organised Crime and Police Act* - state its reasons for doing this (2 marks)
a) Can the media identify the boy in a report of this CDs theft case?
b) As a reporter, you decide to ask the court to permit the boy to be identified in
your report. What law should the court consider if you make this request?
c) If the youth court decides, after hearing your argument as a reporter, that it
cannot allow you to identify the boy in your report of the CDs theft case, can
you identify him in a report of a subsequent hearing, at the same court, which
considers whether to impose an anti-social behaviour order on him to ban him
from local shops? What law applies to that hearing as regards whether you can
identify him in your report? 25 Marks
Marking Guide
a) Children and Young Persons Act 1933, section 49, applies 2 marks
This states that media reports of criminal proceedings in youth courts should not
contain the name,
address,
photograph
school,
or any particulars leading to the identification of any juvenile concerned in the
proceedings 5 marks
a) Which type of court will determine if she has breached the ASBO?
b) Why will this allegation be dealt with in that type of court?
c) Can the media can identify her in a report of that court hearing? Explain the law.
(20 marks)
Marking guide
unless the youth court chooses to impose a section 39 order forbidding identification of the
girl. 2 marks
If the youth court imposes a section 39 order [when breach of an ASBO is alleged]
it must state its reason(s)
as required by the Serious Organised Crime and Police Act 2 marks
[or] description of the scope of section 49 or section 39 restrictions, i.e. no details likely to
identify can be published, in particular her name, address, school, photo.
[or] if stated that if a section 39 order is imposed in respect of the ASBO case,
the media could challenge it by arguing that it is in the public interest for
someone subject to an ASBO to be identified to the local community.
[or] a reference to relevant judicial comment, e.g. that of Mr Justice Wilson in Medway
Council v BBC that in most cases juveniles subject to ASBOs should be identified in the
media
Question 4:
A youth court finds a boy aged 15 guilty of causing criminal damage by vandalising cars. The
prosecution lawyer then asks the court to impose an anti-social behaviour order on the boy.
This lawyer says that the order should ban the boy from entering local car parks for a year.
a) Can the media identify the boy in a report of the criminal damage case? Explain the
law.
b) Can the media identify the boy in a report of the hearing on whether an ASBO should
be imposed on him? Explain the law. (30 marks)
Marking Guide
The scope of those restrictions are that no detail should be published if likely to
identify the boy 2 marks
including his
name
address
school
any film/photograph 4 marks
The restrictions would not apply if the youth court decided to lift them in the
public interest 2 marks
b) [As regards a report of the ASBO hearing] The media can identify
him if an ASBO is imposed. 4 marks
This has the same scope as the section 49 restrictions (see above) 4 marks
Other valid points, up to 4 marks available, e.g. for saying in respect of c) that if a section
39 order is made the reporter could make an informal approach to the bench to object, referring
to the arguments for a juvenile made subject to an ASBO to be identified to the community, so
it can know, and tell police, if he/she breaches the ASBO.
[or]
a reference to relevant judicial comment, e.g. that of Mr Justice Wilson in Medway
Council v BBC that in most cases juveniles subject to ASBOs should be identified in
the media
[or]
If stated that a section 49 order protects his identity until he reaches the age of 18.