Search Legislation

Children and Young Persons Act 1933

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes to legislation:

Children and Young Persons Act 1933, Section 49 is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 49:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F149 Restrictions on reports of proceedings in which children or young persons are concerned.U.K.

[F2(1)No matter relating to any child or young person concerned in proceedings to which this section applies shall while he is under the age of 18 be included in any publication if it is likely to lead members of the public to identify him as someone concerned in the proceedings.]

(2)The proceedings to which this section applies are—

(a)proceedings in a youth court;

(b)proceedings on appeal from a youth court (including proceedings by way of case stated);

[F3(c)proceedings in a magistrates' court under [F4Schedule 7 to the Sentencing Code] (proceedings for breach, revocation or amendment of youth rehabilitation orders);

(d)proceedings on appeal from a magistrates' court arising out of any proceedings mentioned in paragraph (c) (including proceedings by way of case stated).]

[F5(3)In this section “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings.

(3A)The matters relating to a person in relation to which the restrictions imposed by subsection (1) above apply (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular—

(a)his name,

(b)his address,

(c)the identity of any school or other educational establishment attended by him,

(d)the identity of any place of work, and

(e)any still or moving picture of him.]

(4)For the purposes of this section a child or young person is “concerned” in any proceedings [F6if he is—

(a)a person against or in respect of whom the proceedings are taken, or

(b)a person called, or proposed to be called, to give evidence in the proceedings.]

[F7(4A)If a court is satisfied that it is in the public interest to do so, it may, in relation to a child or young person who has been convicted of an offence, by order dispense to any specified extent with the [F8restrictions imposed by subsection (1) above] in relation to any proceedings before it to which this section applies by virtue of subsection (2)(a) or (b) above, being proceedings relating to—

(a)the prosecution or conviction of the offender for the offence;

(b)the manner in which he, or his parent or guardian, should be dealt with in respect of the offence;

(c)the enforcement, amendment, variation, revocation or discharge of any order made in respect of the offence;

(d)where an attendance centre order is made in respect of the offence, the enforcement of any rules made under [F9section 394(1)(d) or (e) of the Sentencing Code]; or

[F10(e)where a detention and training order is made, the enforcement of any requirements imposed under [F11section 242(4)(b) of the Sentencing Code].]

(4B)A court shall not exercise its power under subsection (4A) above without—

(a)affording the parties to the proceedings an opportunity to make representations; and

(b)taking into account any representations which are duly made.]

(5)Subject to subsection (7) below, a court may, in relation to proceedings before it to which this section applies, by order dispense to any specified extent with the requirements of this section in relation to a child or young person who is concerned in the proceedings if it is satisfied—

(a)that it is appropriate to do so for the purpose of avoiding injustice to the child or young person; or

(b)that, as respects a child or young person to whom this paragraph applies who is unlawfully at large, it is necessary to dispense with those requirements for the purpose of apprehending him and bringing him before a court or returning him to the place in which he was in custody.

(6)Paragraph (b) of subsection (5) above applies to any child or young person who is charged with or has been convicted of—

(a)a violent offence,

(b)a sexual offence, F12...

[F13(ba)a terrorism offence, F14...]

[F15(bb)an offence under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023, or]

(c)an offence punishable in the case of a person aged 21 or over with imprisonment for fourteen years or more.

(7)The court shall not exercise its power under subsection (5)(b) above—

(a)except in pursuance of an application by or on behalf of the Director of Public Prosecutions; and

(b)unless notice of the application has been given by the Director of Public Prosecutions to any legal representative of the child or young person.

(8)The court’s power under subsection [F16(4A) or] (5) above may be exercised by a single justice.

[F17(9)If a publication includes any matter in contravention of subsection (1) above, the following persons shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale—

(a)where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b)where the publication is a relevant programme—

(i)any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included; and

(ii)any person having functions in relation to the programme corresponding to those of an editor of a newspaper;

(c)in the case of any other publication, any person publishing it.

(9A)Where a person is charged with an offence under subsection (9) above it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication included the matter in question.

(9B)If an offence under subsection (9) above committed by a body corporate is proved—

(a)to have been committed with the consent or connivance of, or

(b)to be attributable to any neglect on the part of,

an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(9C)In subsection (9B) above “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(9D)If the affairs of a body corporate are managed by its members, “director” in subsection (9C) above means a member of that body.

(9E)Where an offence under subsection (9) above is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.]

(10)In any proceedings under [F18[F19Schedule 7 to the Sentencing Code] (proceedings for breach, revocation or amendment of youth rehabilitation orders)] before a magistrates’ court other than a youth court or on appeal from such a court it shall be the duty of the magistrates’ court or the appellate court to announce in the course of the proceedings that this section applies to the proceedings; and if the court fails to do so this section shall not apply to the proceedings.

(11)In this section—

  • F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F21picture” includes a likeness however produced;

  • relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990;]

  • sexual offence[F22means an offence listed in Part 2 of [F23Schedule 18 to the Sentencing Code]];

  • specified” means specified in an order under this section;

  • [F24terrorism offence” means an offence listed in Part 3 of [F25Schedule 18 to the Sentencing Code];]

  • violent offence[F26means an offence listed in Part 1 of [F27Schedule 18 to the Sentencing Code]];

and a person who, having been granted bail, is liable to arrest (whether with or without a warrant) shall be treated as unlawfully at large.]

Extent Information

E1For extent and application see s. 49(12)-(14)

Textual Amendments

F1S. 49 substituted (3.2.1995) by 1994 c. 33, s. 49; S.I. 1995/127, art. 2(1), Sch. 1

F4Words in s. 49(2)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 2(2) (with Sch. 27); S.I. 2020/1236, reg. 2

F7S. 49(4A)(4B) inserted (1.10.1997) by 1997 c. 43, s. 45(1)(2); S.I. 1997/2200, art. 2(1)(i)

F9Words in s. 49(4A)(d) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 2(3)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F10S. 49(4A)(e) substituted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 1; S.I. 1999/3426, art. 3(b) (with art. 4)

F11Words in s. 49(4A)(e) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 2(3)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F12Word in s. 49(6)(b) omitted (12.4.2019) by virtue of Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 1(a)(i) (with s. 25(3)(4))

F19Words in s. 49(10) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 2(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F20Words in s. 49(11) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 19, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(i) (with art. 9)

F22S. 49(11): words in definition of "sexual offence" substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 2(3)(a); S.I. 2005/950, art. 2(1), Sch. 1 paras. 23, 42(3) (subject to art. 2(2) and Sch. 2 (as amended by S.I. 2005/2122, art. 2))

F23Words in s. 49(11) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 2(5)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F25Words in s. 49(11) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 2(5)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F26Words in s. 49(11) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 2(3)(b); S.I. 2005/950, art. 2(1), Sch. 1 paras. 23, 42(3) (subject to art. 2(2) and Sch. 2 (as amended by S.I. 2005/2122, art. 2))

F27Words in s. 49(11) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 2(5)(c) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C1S. 49 excluded (31.8.2009 for specified purposes, 1.4.2010 for specified purposes, 1.11.2010 for specified purposes) by Violent Crime Reduction Act 2006 (c. 38), ss. 11(8)(a), 66(2); S.I. 2009/1840, art. 3(c); S.I. 2010/469, arts. 3(c), 4, Sch.; S.I. 2010/2541, arts. 3(c), 4, Sch.

C2S. 49 excluded (1.4.2010 for specified purposes, 1.11.2010 for specified purposes) by Violent Crime Reduction Act 2006 (c. 38), ss. 7(9)(a), 66(2); S.I. 2010/469, arts. 2(b), 4, Sch.; S.I. 2010/2541, arts. 2(b), 4, Sch.

C6S. 49 excluded (20.1.2004 for certain purposes and otherwise 31.3.2004) by 1998 c. 37, s. 1C(9C) (as inserted by Anti-Social Behaviour Act 2003 (c. 38), ss. 86(3), 93); S.I. 2003/3300, art. 2(f)(ii)); S.I. 2004/690, art. 2(b)(iii)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources