Whether it is appropriate for a court to make an order pursuant to section 39 of the Children and Young Persons Act 1933 to confer anonymity on children or young persons in respect of whom an anti-social behaviour order has been made pursuant to section 1 of the Crime and Disorder Act 1998. Citations: [2002] … Continue reading T, Regina (on the Application Of) v St Albans Crown Court and others: Admn 20 May 2002
The plaintiff photographer was injured when attending a show jumping competition at the White City Stadium. A horse caught him as it passed. Held: The defendant’s appeal against the finding of negligence succeeded: ‘a competitor or player cannot in the normal case at least of competition or game rely on the maxim volenti non fit … Continue reading Wooldridge v Sumner and Another: CA 4 Jun 1962
The claimant, a 15 year old boy,alleged that his detention in the cells at a Magistrates court when facing a charge of breach of bail conditions was a breach of his human rights and under the 1933 and 2010 Acts. Held: In the particular circumstances there was a breach of the 1933 Act, but not … Continue reading T, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 3 May 2013
Appeal from order dispensing with reporting restrictions for 16 year old before Youth Court. Appellant constituted a serious danger to the public and had shown a complete disregard for the law. Held: ‘ the justices were very carefully and conscientiously exercising the power conferred by the statute. It was for them to make a judgment … Continue reading McKerry v Teesdale and Wear Valley Justices: CACD 7 Feb 2000
Judge may take representations in his sole discretion before making an order providing for the naming or non naming of a party by newspapers. Citations: Ind Summary 05-Sep-1994, Gazette 26-Oct-1994, Times 16-Aug-1994 Statutes: Children and Young Persons Act 1933 39 Jurisdiction: England and Wales Criminal Practice, Media Updated: 25 October 2022; Ref: scu.86308
New guidance was given on the sentencing of young offenders where a period of more than 24 months detention appeared to be required. Citations: Times 11-Dec-1997 Statutes: Criminal Justice Act 1982, Children and Young Persons Act 1933 Jurisdiction: England and Wales Criminal Sentencing, Children Updated: 11 October 2022; Ref: scu.86026
There should be a recognition of the need for flexibility in youth sentencing. In the section ‘suitable’ can mean more than just the length of a sentence and allowance made for therapeutic needs. Citations: Gazette 24-Jun-1998 Statutes: Children and Young Persons Act 1933 44 53(3) Jurisdiction: England and Wales Criminal Sentencing Updated: 11 October 2022; … Continue reading Regina v B (Candi) (Young Offender: Sentencing Powers): CACD 24 Jun 1998
There should be a recognition of the need for flexibility in youth sentencing. In the section ‘suitable’ can mean more than just the length of a sentence and allowance made for therapeutic needs Citations: Times 14-May-1998 Statutes: Children and Young Persons Act 1933 44 53(3) Jurisdiction: England and Wales Criminal Sentencing Updated: 11 October 2022; … Continue reading Regina v B (Young Offender: Sentencing Powers): CACD 14 May 1998
Child sexual abuse was alleged by 150 claimants against staff members of a community home with teachers supplied by the defendants. The court had asked whether they had vicarious liability for the acts of their staff, and now whether the board of trustees of the school itself had liability, and whether in the transfer to … Continue reading Various Claimants v The Catholic Child Welfare Society and Others: CA 26 Oct 2010
The applicant was a 15 year old paper boy. He sought holiday pay under the regulations. The employer resisted, saying he was not a worker under the regulation, being still in compulsory full time education. Held: No formal system of holidays operated. Children were not explicitly excluded from the Working Time Directive, but were rather … Continue reading Addison and Another (t/a Brayton News) v Ashby: EAT 17 Jan 2003
The applicant had been sentenced to detention during Her Majesty’s Pleasure. He sought a judicial review of the Lord Chief Justice’s recommendation to the Home Secretary for the minimum term he was to serve. Held: In exercising this function, the LCJ was acting in a judicial capacity, and therefore his recommendation was not subject to … Continue reading Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice: Admn 21 Nov 2003
The defendant had been under 18 at the commencement of proceedings but attained 18 during them. The newspaper was granted leave to refer to him by name upon his becoming 18. Held: Denying the appeal. The balance between the freedom of the press and the protection of youths had to be maintained properly. Once the … Continue reading Todd v Crown Prosecution Service; T v Director of Public Prosecutions and Another; Todd v DPP: QBD 6 Oct 2003
The family of a murder victim has no standing to intervene to challenge the tariff set for the sentence to be served by the youths convicted of the murder. They had been invited to state the impact of their son’s death, but not the sentence to be served. Although the standing required for judicial review … Continue reading Regina v Secretary of State for the Home Department and Another Ex Parte Bulger: QBD 7 Mar 2001
Justices not to make compensation orders against Local Authority for crimes by youths in care. Citations: Independent 04-Apr-1995 Statutes: Children and Young Persons Act 1933 55 Criminal Practice Updated: 19 May 2022; Ref: scu.79763
The courts must recognise the need to protect the identity of children involved in criminal proceedings. This derived both from national statute and from international law and practice. Nevertheless, the court had the discretion in appropriate cases to order disclosure of the name of a child convicted before it of criminal charges where the public … Continue reading McKerry v Teesdale and Wear Valley Justices; McKerry v Director of Public Prosecutions: CA 29 Feb 2000
The statement followed the report of the Sentencing Advisory Panel of March 15, 2002. The statement contained guidance, not firm rules. The phrase ‘minimum term’ should replace the term ‘tariff’. Offenders are normally not released on the expiry of the minimum term. The judge should say how the minimum term had been arrived at, and … Continue reading Practice Statement (Crime: Life sentences): LCJ 31 May 2002
A shopkeeper’s instructions to staff regarding sales of tobacco to under age consumers, were sufficient to avoid liability on his part. Citations: Times 04-Nov-1994 Statutes: Children and Young Persons Act 1933 7 Jurisdiction: England and Wales Crime Updated: 08 April 2022; Ref: scu.81339
Judicial review of decision to publicise the name of a young person accused of a crime. Judges: Sir Brian Leveson Q QBD, Blake, Lewis JJ Citations: [2017] EWCA Crim 739 Links: Bailii Statutes: Youth and Criminal Justice Act 1999 45, Children and Young Persons Act 1933 39 Jurisdiction: England and Wales Criminal Practice, Children, Media … Continue reading Markham and Another v Regina: CACD 9 Jun 2017
Laws LJ, with whom the other members of the court agreed, said that because s 39(2) creates a criminal offence ‘the section is to be construed not necessarily restrictively but at least conservatively unless there is a pressing greater imperative.’ Though it may be desirable to continue the protection given to children, it was not … Continue reading JC and RT, Regina (on The Application of) v The Central Criminal Court and Others: CA 20 Nov 2014
The court was asked whether an order made under s. 39 of the 1933 Act, prohibiting the identification of (among others) a defendant under the age of 18 years, can last indefinitely or whether it automatically expires when that person attains the age of 18 years. Held: A section 39 order expires when the young … Continue reading JC and Another v The Central Criminal Court: QBD 8 Apr 2014
The claimants appealed an order restricting their reporting of a criminal case so as to identify the defendant. Held: Orders preventing the naming of a defendant in order to protect associated children are unlikely to enhance any child protection issues. The order was however required in this case. The actual order was quashed and an … Continue reading Gazette Media Company Ltd. and Others, Regina (on the Application Of) v Teeside Crown Court: CACD 26 Jul 2005
Application was made for approval of a compromise of a claim for damages for personal injury for the child. The court now considered whether an order should be made to protect the identity of the six year old claimant. Held: An order should have been made: ‘the following principles should apply: (i) the hearing should … Continue reading MX v Dartford and Gravesham NHS Trust and Others: CA 17 Feb 2015
The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009
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The section made it an offence for anyone having care of a child to wilfully neglect the child ‘in a manner likely to cause him unnecessary suffering or injury to health’. Held: The section speaks of an act or omission that is ‘likely’ to cause unnecessary suffering or injury to health. This word is imprecise. … Continue reading Regina v Sheppard: HL 1981
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
The defendant appealed against sentence after conviction for attempted rape. He said that the offence, being charged under the 1981 Act was not a sexual offence, and neither was it a violent one within the 1991 Act. Held: The appeal failed. Attempted rape is a sexual offence under the 1956 Act. Attempted rape was to … Continue reading Regina v Robinson: CACD 27 Nov 1992
A had pleaded guilty to a charge of being drunk in a public place, while having the charge of a child under the age of 7 years, contrary to section 2(1) of the Licensing Act 1902. The child in question was A’s daughter, to whom I shall refer as B. B was 2 and a … Continue reading A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013
The case asked what duty the respondent had, in respect of youths sentenced to be detained during Her Majesty’s Pleasure before 30th November 2000, to review their continued detention at regular intervals. A statement said that once a tarriff had been set the Secretary would only consider matters relating to the crime or the defendant’s … Continue reading Regina on the Application of Smith v The Secretary of State for the Home Department: Admn 3 Apr 2003
In a criminal case involving a ward of court, the judge in the criminal case may restrict the reporting without leaving it for the wardship Judge. The jurisdiction of the High Court in cases involving the care and upbringing of children over whose welfare the court is exercising a supervisory role is ‘ . . … Continue reading In Re R (A Minor) (Wardship: Restraint of Publication): CA 25 Apr 1994
A sentence of life imprisonment imposed upon a youth of 14 for the offence of arson with intent to damage property or recklessness as to whether damage would be cause was wrong in principle and manifestly excessive. There is no sentence in such situations which can properly balance the welfare needs of the child and … Continue reading Regina v Endicott: CACD 3 Dec 1999
The defendant had been convicted of murdering his schoolteacher. The court now gave reasons, at the end of the case for discontinuing the order restricting his being named. Orders protecting the identities of children witnesses were continued. Judges: Coulson J Citations: [2014] EWHC 3623 (QB) Links: Bailii Statutes: Children and Young Persons Act 1933 39, … Continue reading Cornick, Regina v: QBD 3 Nov 2014
Courts which were considering detaining an offender between 12 and 15 years old should be asked to consider the new section 1 even though the section was not yet in force. Citations: Times 29-Jan-1998 Statutes: Criminal Justice and Public Order Act 1994 1, Children and Young Persons Act 1933 Jurisdiction: England and Wales Criminal Sentencing … Continue reading Regina v Sheffield Youth Justices ex parte M: QBD 29 Jan 1998
A sentence of a young person to ‘Detention during Her Majesty’s pleasure’ is not to be thought of as the same as a life sentence; The Home secretary had been unfair in setting the tarriff sentence for two youths convicted of murder on a basis which would have applied to them as adults. Citations: Times … Continue reading Regina v Secretary of State for the Home Department Ex Parte Venables Regina v Same, Thompson: CACD 7 Aug 1996
The court gave its reasons for making an order preventing identification of a child claimant in professional negligence proceedings. Held: By virtue of the Human Rights Act 1998, the court, as a public authority, must take account of these competing principles where they become engaged, as in the case of the application of section 39. … Continue reading A Child v Cambridge University Hospitals NHS Foundation Trust: QBD 4 Mar 2011
The 1994 Act leaves in place the principle of no concurrent or consecutive detention for youths. Citations: Times 05-Sep-1995 Statutes: Children and Young Persons Act 1933 54 Jurisdiction: England and Wales Criminal Sentencing Updated: 29 August 2022; Ref: scu.86968
Judges: Pepperall J Citations: [2019] EWHC 1668 (QB) Links: Bailii Statutes: Children and Young Persons Act 1933 39 Jurisdiction: England and Wales Coroners, Media Updated: 21 July 2022; Ref: scu.639713
Renewed application for leave to appeal against sentence for three offences of administering a poison or noxious substance so as to endanger life, contrary to section 23 of the Offences Against the Person Act 1861 (counts 1-3), and for child cruelty, contrary to section 1 (1) of the Children and Young Persons Act 1933 (count … Continue reading AD, Regina v: CACD 26 Jul 2019
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
The court considered the duties on the respondent in providing an enhanced criminal record certificate. In one case, the claimant had brought up her son who was made subject to child protection procedures for neglect. Her job involved supervising children at lunch time at a school. In the second case, a school head teacher had … Continue reading L, Regina (on the Application of) v Commissioner of Police of the Metropolis: Admn 19 Mar 2006
The defendant had committed a murder when aged 16, and after conviction sentenced to be detailed during Her Majesty’s Pleasure. His tarriff had been set at 18 years, reduced to 16 years after review. Held: ‘What is at issue is the general right to a ‘fair and public hearing’ in article 6(1). There is no … Continue reading Dudson, Regina (on the Application of) v Secretary of State for the Home Department: HL 28 Jul 2005
The supermarket appealed against a conviction for selling alcohol to a child. Judges: Hooper LJ, Lloyd-Jones J Citations: [2012] EWHC 1358 (Admin), [2012] PTSR 1643 Links: Bailii Statutes: Children and Young Persons Act 1933 7(1) Jurisdiction: England and Wales Crime, Consumer Updated: 11 June 2022; Ref: scu.467195
Refusal of magistrates to make order prohibiting disclosure of child’s name on application for anti-social behaviour order. Judges: Mr Justice Harrison Citations: [2004] EWHC 1933 (Admin) Links: Bailii Statutes: Children and Young Persons Act 1933 39, Crime and Disorder Act 1998 1D Jurisdiction: England and Wales Magistrates, Children Updated: 11 June 2022; Ref: scu.200314
A Youth Court having once accepted a guilty plea from a youth, advised by solicitor, could not vacate that plea, in order to consider whether the case was appropriate for a crown court trial. Citations: Gazette 20-May-1998, Times 04-May-1998 Statutes: Children and Young Persons Act 1933 53 Jurisdiction: England and Wales Criminal Practice Updated: 05 … Continue reading Regina v Herefordshire Youth Court Ex Parte J: QBD 4 May 1998
A sentence of detention during her majesty’s pleasure when imposed on a youth was not the same as a sentence of life imprisonment, and the Home Secretary was wrong to treat it on the same basis and to make allowance for expressions of public opinion. Of a sentence under the section: ‘The Secretary of State … Continue reading Regina v Secretary of State For The Home Department, Ex Parte Venables, Regina v Secretary of State For The Home Department, Ex Parte Thompson: HL 12 Jun 1997
Application to lift bar on reporting of a case involving a child where child might be identifiable. Order lifted. Citations: [1999] EWHC Admin 331 Links: Bailii Statutes: Children and Young Persons Act 1933 39 Cited by: See Also – Regina v Portsmouth Hospitals Nhs Trust ex parte Carol Glass Admn 21-Apr-1999 . . Lists of … Continue reading Regina v Portsmouth Hospitals NHS Trust ex parte Carol Glass: Admn 21 Apr 1999
A parent or person responsible for a child who had been summonsed to appear at the youth court was in a sufficient sense themselves an accused person to be able to apply for a defendant’s costs order after a case is withdrawn.The court sought to construe the section in a manner wide enough to give … Continue reading Regina v Preston Crown Court ex parte Lancashire County Council: Admn 20 Jan 1998
A bare order restricting reporting under the section was too vague to allow a later prosecution for contempt. Crook had established that the court must specify just what restrictions are to apply. Judges: Lord Justice Laws and Mr Justice Newman Citations: Times 26-Nov-2001, [2002] EMLR 12 Statutes: Children and Young Persons Act 1933 39(1) 39(2) … Continue reading Briffett v Director of Public Prosecutions; Bradshaw v Director of Public Prosecutions: QBD 6 Nov 2001
The court, not the Home Secretary should set the tariff for the detention of a young offender sentenced to life- half determinate sentence. The role of the Lord Chief Justice in relation to tariffs is that ‘The Lord Chief Justice in this context is acting not as an unreviewable judge of the High Court but … Continue reading Regina v Secretary of State for Home Department ex parte Furber: Admn 30 Jun 1997
There is no power to impose a detention and training sentence to run consecutive to a detention order which been made on a previous occasion. In this case, the result was that it was appropriate to impose a custodial sentence or no separate penalty, but the reserves of that was in turn to create an … Continue reading Regina v Hayward: CACD 9 Jan 2001
The parents had separated and the child made a ward of court. The mother had care and control and the father had access. The father abducted the child to Israel but she was recovered. The father was extradited to stand trial here. He sought publicity for his views upon the treatment of fathers by the … Continue reading In Re R (Wardship: Restrictions on Publication): CA 1994
A parent was wrongly ordered to pay compensation, when his child was found guilty of an offence committed while the child was in the care of the local Authority. Citations: Times 18-Apr-1996 Statutes: Children and Young Persons Act 1933 55 Criminal Sentencing Updated: 15 May 2022; Ref: scu.77588
The policy of placing youths sentenced to young offenders institutions being placed in secure institutions rather than exceptionally only in community care establishments was a lawful policy grounded in statutory changes. Citations: Times 02-Dec-1998 Statutes: Children and Young Persons Act 1933 53 Jurisdiction: England and Wales Criminal Sentencing Updated: 11 May 2022; Ref: scu.87866
A Crown Court judge’s decision to allow naming of a youth appearing before it, was a matter for the judge’s discretion, and was not susceptible to judicial review proceedings. Such orders are analogous to contempt orders, tending to influence the trial. Citations: Times 08-Jan-1999, Gazette 03-Feb-1999 Statutes: Children and Young Persons Act 1933 39(1), Contempt … Continue reading Regina v Winchester Crown Court ex parte P B (A Minor): QBD 8 Jan 1999
An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care. Held: The court must balance the need to protect the child with the need for freedom of the press. The issue in the case was not itself about the … Continue reading In re S (A Child) (Identification: Restrictions on Publication): CA 10 Jul 2003
The words of a statute must be construed in their context but the interpretation of ‘likely’ [in Sheppard] seems very strained. If it only excludes what is ‘highly unlikely’ it includes what is merely ‘unlikely’; ie, the result is ‘likely’ to occur although it is unlikely (but not highly unlikely) to do so. With respect, … Continue reading Regina v Wills: CACD 1990
A court which intended to sentence the defendant to a period of detention and training, should make allowance for any relevant period spent by the defendant in custody awaiting trial. The period of reduction was not purely arithmetical. The court had given credit for the defendant’s guilty plea under the 1998 act rather than under … Continue reading Regina v Davis (Carl): CACD 20 Dec 2000
F who was 16 years old when he appeared before the juvenile court charged with robbery and possession of an imitation firearm. The justices decided to proceed summarily. No plea was taken. After being released on bail, he later appeared before a different bench, facing additional charges. The justices purported to reverse the previous decision. … Continue reading Regina v Newham Juvenile Court ex parte F (A Minor): QBD 1986
Compensation orders were wrongly made against a Local Authority which had been taking the best care of a youth. Citations: Times 18-Apr-1995 Statutes: Children and Young Persons Act 1933 55 Jurisdiction: England and Wales Criminal Practice Updated: 28 April 2022; Ref: scu.79752
The Home Secretary was wrong to apply adult criteria on setting a release date for a child detained during Her Majesty’s Pleasure for an offence of murder. Citations: Times 07-May-1996, Gazette 15-May-1996 Statutes: Murder (Abolition of Death Penalty) Act 1965 1(5) 4, Children and Young Persons Act 1933 53 Cited by: Appeal from – Regina … Continue reading Regina v Secretary of State for the Home Department Ex Parte Venables; Regina v Similar: QBD 7 May 1996
The divisional court has power to review the lifting of bans on reporting of cases involving youths. The legislation is notoriously complicated, and further so because of the Human Rights Act, and needs review. In this case a re-trial was a real possibility, and despite the need for open justice, the order lifting the ban … Continue reading In Re H, In Re D: QBD 13 Aug 1999
A court sentencing a youth who had been committed to it for sentence, had all the powers of the original court, including the power to accept a change of plea. Judges: Lord Justice Leggatt and Sir Iain Glidewell Citations: Times 05-Apr-1996 Statutes: Children and Young Persons Act 1933 56(1) Jurisdiction: England and Wales Citing: Cited … Continue reading Regina v Stratford Youth Court, Ex Parte Conde: QBD 29 Mar 1996
A trial judge had refused an order that steps should not be taken so as to allow S to be identified in reporting the trial of his mother for the alleged murder of his brother by salt poisoning. Held: The court dismissed the application for an injunction restraining the publication by newspapers of the identity … Continue reading Re S (A Child) (Identification: Restrictions on Publication): FD 19 Feb 2003
Palmer was a witness to proceedings before a Magistrates’ Court. Whilst he and the defendant were waiting in the foyer outside the court for the magistrates to consider their decision Palmer threatened the defendant. He was charged with and convicted of a contempt, then sought to appeal. The crown court declined jurisdiction. He then sought … Continue reading Regina v Havant Justices ex parte Palmer: QBD 1985
The test of whether an order should be made lifting the restriction on the naming of youths in criminal proceedings is whether there are good reasons for naming them. There is no requirement for ‘rare and exceptional’ qualification. Here no direct harm would be caused. Times 26-Oct-1998 Children and Young Persons Act 1933 39 44 … Continue reading Regina v Central Criminal Court Ex Parte Simpkins; Regina v Same Ex Parte Plummer: Admn 16 Oct 1998
[1997] EWHC Admin 824 Children and Young Persons Act 1933 53(2) England and Wales Prisons Updated: 03 January 2022; Ref: scu.137769
The defendant appealed against his convictions for sexual assaults. He was aged twelve at the time of the offences, but had been prevented from arguing that he had not known that what he was doing was wrong. The House was asked whether the effect of the 1998 Act was to abolish the entire doctrine of … Continue reading JTB, Regina v: HL 29 Apr 2009
The twelve year old defendant had pleaded guilty to several allegations of sexual assault. The judge had ruled that it was not open to him to plead doli incapax. He appealed saying that only the presumption of doli incapax had been abolished, and . .
The Claimant aged 14 appeared before the Magistrates’ Court with a 20 year old Co-Defendant. The Magistrates declined jurisdiction in his case and the Claimant indicated Not Guilty pleas. The Magistrates concluded that it was in the interest of . .
The prosecutor appealed by case stated against dismissal of a charge of child cruelty. The defence had successfully argued against the admission of taped interviews, saying that the defendant should have been allowed an appropriate adult. Held: The magistrates should have allowed representations from the prosecutor first before disallowing the evidence. Citations: [1997] EWHC Admin … Continue reading Director of Public Prosecutions v Royston Cornish: Admn 22 Jan 1997
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991
The newspaper was accused of publishing an article in breach of reporting restrictions imposed under section 33. The court now asked whether the appellant, the newspaper editor, was for these purposes, the publisher and at risk of criminal responsibility. Held: He did not fall outside the class covered by the phrase ‘any person who publishes’ … Continue reading Aitken v Director of Public Prosecutions: Admn 23 Apr 2015
