Children and Young Persons Act 1933
Encyclopedia
The Children and Young Persons Act 1933 (23 & 24 Geo.5 c.12) is an Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

 of the Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

 of the United Kingdom of Great Britain and Northern Ireland. It consolidated all existing child protection legislation for England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

 into one act.

Content

The 1933 act raised the minimum age for execution to 18, raised the age of criminal responsibility from 7 to 8, included guidelines on the employment of school-age children, set a minimum working age of 14 and made it illegal for children to buy cigarettes and other tobacco products.

History

The act was passed a year after the Children and Young Persons Act 1932 broadened the powers of juvenile courts and introduced supervision orders for children at risk.

Some sections of the act concerning the employment of children are still in force today.

S39. and 49 of the Act remains in everyday use to in order to protect the identity of juvenile defendants appearing in Courts in England and Wales.

Section 39 and 49: information for journalists

Sections 39 and 49 are used to protect the identity of children and young people who appear in court as witnesses, victims and suspects. Journalists may not give the give the following about the accused:
  • Their name
  • Address
  • School
  • Occupation
  • What car they drive
  • What band they play in
  • A description of their appearance
  • Employer or the name of their own business


The differences between the sections are that Section 39 is discretionary, but section 49 is automatically given in the youth courts. However, it can be waived in the following circumstances:
  • If it is counterproductive to the defence of the accused. For example, they need people to come forward to say the accused was at a meeting in London when the crime was committed in Liverpool. Also, if the accused is using a defence of mistaken identity.

  • If the police need to trace someone who is accused of an offence that warrants a sentence of 14 years imprisonment or more, the press can publish and broadcast details. There is an unofficial defence to the Contempt of Court
    Contempt of court
    Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...

     Act 1981 that allows for police appeals, which will not be prosecuted if done in reasonable terms.

  • If it is in the public interest
    Public interest
    The public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...

     to identify them, as a warning to others who may commit a similar offence. Especially if an ASBO
    Åsbo
    Åsbo can refer to:*Åsbo Northern Hundred, a hundred in Scania*Åsbo Southern Hundred, a hundred in Scania...

    has been issued to the convicted offender, as the publicity is essential to its enforcement. However, it is worth noting that ASBOs are being abolished, as of 2010.


These only apply once proceedings are activated by an arrest or a summons issued.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK