Children and Young Persons Act 1933
|Long title||An Act|
|Territorial extent||United Kingdom|
Status: Current legislation
|Text of statute as originally enacted|
|Revised text of statute as amended|
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. It was preceded by the Children and Young Persons Act 1920 and the Children Act 1908. It is modified by the Children and Young Persons Act 1963, the Children and Young Persons Act 1969 and the Children and Young Persons Act 2008.
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 adults to sell cigarettes or other tobacco products to children. The act is worded to ensure that adults and not children are responsible for enforcing it.
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 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 following about the accused:
- Their name
- Still or moving image; or
- Any particulars likely to lead to the identification of any person aged under 18 concenerned in the proceedings.
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.
- Hanna, Mark (2011). McNae's Essential Law for Journalists 21st Edition. Oxford: Oxford University Press. p. 437. ISBN 978-0-19960869-0.
- Text of the Children and Young Persons Act 1933 as in force today (including any amendments) within the United Kingdom, from the UK Statute Law Database