The Effect of s. 39 of the Children and Young Persons Act 1933 when a Person Attains the Age of 18: JC and RT v Central Criminal Court [2014] EWHC 1041 (QB)
| Published date | 01 October 2014 |
| Date | 01 October 2014 |
| DOI | http://doi.org/10.1350/jcla.2014.78.5.935 |
| Subject Matter | Divisional Court |
368 The Journal of Criminal Law (2014) 78 JCL 368–372
doi:10.1350/jcla.2014.78.5.935
Divisional Court
The Effect of s. 39 of the Children and Young Persons Act
1933 when a Person Attains the Age of 18
JC and RT v Central Criminal Court [2014] EWHC 1041 (QB)
Keywords Reporting restrictions; Young offenders; Witnesses; Victims;
Juveniles; Youth courts
The two claimants in this case, known as JC and RT, were both charged
with joint possession of an explosive substance without lawful reason
contrary to s. 4(1) of the Explosive Substances Act 1883. During their
appearance at the Central Criminal Court both defendants pleaded guilty
to the charges. At the time of the hearing (15 November 2013) both
defendants were aged 17.
A third defendant, MP, who was also 17 years old, was charged under
s. 4(1) of the Explosive Substances Act 1883 and in addition with the more
serious offences of possession of articles for a purpose connected with
terrorism and possession of a document likely to be useful to a person
committing or preparing an act of terrorism under the Terrorism Act 2000.
MP admitted the offences under the Explosive Substances Act 1883, but
denied the charges brought under the Terrorism Act 2000. The Recorder
of London made an order in respect of all three defendants under s. 39 of
the Children and Young Persons Act 1933 preventing their identification
until their 18th birthdays.
The charges against the third defendant related to a plot named by MP
in his notebooks as ‘Operation New Columbine’. MP was accused of
stockpiling weapons including crossbows, air rifles, petrol bombs and pipe
bombs, all of which he allegedly planned to use to attack various targets
including a school, a mosque, a cinema and local council offices. Also
found in MP’s possession were the banned Mujahideen Poisons Handbook (a
book explaining how to make homemade poisons), which he had
downloaded onto his phone, and videos showing MP, JC and RT testing
homemade explosives by throwing them against occupied buildings.
MP was tried, but the jury was unable to reach a verdict and a retrial
was ordered. Meanwhile, JC and RT were sentenced for their offences.
The prosecution accepted that JC and RT had not intended to endanger
life or cause serious damage to property, and the Recorder of London
imposed community orders upon each of them. At this hearing, the
Recorder also heard argument about the effect of s. 39 of the Children and
Young Persons Act 1933. The Recorder ruled that the s. 39 order in respect
of JC and RT would expire on their 18th birthdays.
Section 39 of the 1933 Act makes it a criminal offence for a newspaper
to publish the name, address, school or any other information which could
lead to the identification of a child or young person involved in proceedings
as a defendant, victim or witness. This is a summary offence which can
result in a fine of up to level 5 on the standard scale. Also of relevance in
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