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
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
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
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
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
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 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
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
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
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
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
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
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
