Section 49 Children and Young Persons Act 1933: Youth Court

The general rule is that proceedings in the youth court are not open to the public (section 47 CYPA 1933) and although press representatives are permitted to report on proceedings, they are automatically restricted from reporting the identity or any details that would lead to the identity of any child or young person involved in the proceedings, whether as a defendant, witness or victim (section 49 CYPA 1933).

Breach of reporting restrictions imposed automatically under section 49 or made by a section 39 CYPA 1933 order are summary offences (section 39(2) CYPA 1933 and section 49(9) CYPA1933, which are effectively offences of strict liability). There are very good reasons for restricting publication of material that identifies children and young people who are concerned in court proceedings. Public identification of children and young people in breach of CYPA is irreversible and can cause both immediate and long term distress and harm; therefore it will almost always be in the public interest to prosecute those who have responsibility for publication of material that breaches CYPA 1933.