Children and Young Persons Act 1933

The Children and Young Persons Act 1933 (23 & 24 Geo.5 c.12) is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland. It consolidated all existing child protection legislation for England and Wales 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 Act 1981 that allows for police appeals, which will not be prosecuted if done in reasonable terms.

• If it is in the public interest to identify them, as a warning to others who may commit a similar offence. Especially if an ASBO 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

Official text of the Children and Young Persons Act 1933 as amended and in force today within the United Kingdom, from the UK Statute Law Database

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