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Children and Young Persons Act 1933

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Changes over time for: Cross Heading: General Provisions as to Proceedings in Court

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Version Superseded: 13/04/2015

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Point in time view as at 20/10/2014.

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Children and Young Persons Act 1933, Cross Heading: General Provisions as to Proceedings in Court is up to date with all changes known to be in force on or before 09 December 2019. 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

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General Provisions as to Proceedings in CourtE+W

36 Prohibition against children being present in court during the trial of other persons.E+W

No child (other than an infant in arms) shall be permitted to be present in court during the trial of any other person charged with an offence, or during any proceedings preliminary thereto, except during such time as his presence is required as a witness or otherwise for the purposes of justice [F1or while the court consents to his presence]; and any child present in court when under this section he is not to be permitted to be so shall be ordered to be removed:

F2. . .

Textual Amendments

F1Words in s. 36 inserted (27.9.1999) by 1999 c. 22, ss. 73(1), 108(3)(b) (with Sch. 14 para. 7(2))

37 Power to clear court while child or young person is giving evidence in certain cases.E+W

(1)Where, in any proceedings in relation to an offence against, or any conduct contrary to, decency or morality, a person who, in the opinion of the court, is a child or young person is called as a witness, the court may direct that all or any persons, not being members or officers of the court or parties to the case, their [F3legal representatives], or persons otherwise directly concerned in the case, be excluded from the court during the taking of the evidence of that witness:

Provided that nothing in this section shall authorise the exclusion of bonâ fide representatives of a newspaper or news agency.

(2)The powers conferred on a court by this section shall be in addition and without prejudice to any other powers of the court to hear proceedings in camerâ.

Textual Amendments

38 Evidence of child of tender years.E+W

F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)If any child whose evidence is received [F5unsworn in any proceedings for an offence by virtue of section 52 of the Criminal Justice Act 1991]wilfully gives false evidence in such circumstances that he would, if the evidence had been given on oath, have been guilty of perjury, he shall be liable on summary conviction to be dealt with as if he had been summarily convicted of an indictable offence punishable in the case of an adult with imprisonment.

39 Power to prohibit publication of certain matter in newspapers. E+W

(1)In relation to any proceedings in any court . . . F6, the court may direct that—

(a)no newspaper report of the proceedings shall reveal the name, address or school, or include any particulars calculated to lead to the identification, of any child or young person concerned in the proceedings, either as being the person [F7by or against] or in respect of whom the proceedings are taken, or as being a witness therein:

(b)no picture shall be published in any newspaper as being or including a picture of any child or young person so concerned in the proceedings as aforesaid;

except in so far (if at all) as may be permitted by the direction of the court.

(2)Any person who publishes any matter in contravention of any such direction shall on summary conviction be liable in respect of each offence to a fine not exceeding [F8level 5 on the standard scale].

Textual Amendments

Modifications etc. (not altering text)

C3S. 39 applied (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)(b)(10), 66(2); S.I. 2009/1840, art. 3(c); S.I. 2010/469, arts. 3(c), 4, Sch.; S.I. 2010/2541, arts. 3(b), 4, Sch.

C4S. 39 applied (1.4.2010 for specified purposes, 1.11.2010 for specified purposes) by Violent Crime Reduction Act 2006 (c. 38), ss. 7(9)(b), 66(2); S.I. 2010/469, arts. 2(b), 4, Sch.;S.I. 2010/2541, arts. 2(b), 4, Sch.

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