Children and Young Persons Act 1933

The Children and Young Persons Act 1933
Status: Current legislation
Parliament of the United Kingdom
Long title	An Act
Citation	1933, c.12
Territorial extent	United Kingdom
Text of statute as originally enacted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.

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 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.

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 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
Address
School
Still or moving image; or
Any particulars likely to lead to the identification of any person aged under 18 concenerned in the proceedings.^[1]

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.

References

↑ Hanna, Mark (2011). McNae's Essential Law for Journalists 21st Edition. Oxford: Oxford University Press. p. 437. ISBN 978-0-19960869-0.

External links

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

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Act of Sederunt, Act of Adjournal

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