Children and Young Persons Act 1933
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The Children and Young Persons Act 1933 (23 & 24 Geo.5 c.12) is an Act of the
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
of the
United Kingdom of Great Britain and Northern Ireland The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
. It consolidated all existing child protection legislation for
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
into one act. It was preceded by the
Children and Young Persons Act 1920 A child (plural, : children) is a human being between the stages of childbirth, birth and puberty, or between the Development of the human body, developmental period of infancy and puberty. The legal definition of ''child'' generally refers ...
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 Children and Young Persons Act 2008 (c 23) is an Act of Parliament, Act of the Parliament of the United Kingdom. Section 44 - Commencement Orders made under this sectionThe Children and Young Persons Act 2008 (Commencement No. 1 and Saving ...
.


Content

The Children and Young Persons Act 1933 raised the minimum age for execution to eighteen, raised the age of criminal responsibility from seven to eight, included guidelines on the employment of school-age children, set a minimum working age of fourteen, 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. In 1932 a 16 year juvenile Harold Wilkins was sentenced to death for murder, though the death sentence was commuted.


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 concerned 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 The public interest is "the welfare or well-being of the general public" and society. Overview Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefor ...
to identify them, as a warning to others who may commit a similar offence. Especially if an
ASBO An anti-social behaviour order (ASBO ) is a civil order made in Great Britain against a person who had been shown, on the balance of evidence, to have engaged in anti-social behaviour. The orders were introduced by Prime Minister Tony Blair i ...
has been issued to the convicted offender, as the publicity is essential to its enforcement. However, ASBOs were abolished and superseded in 2015. These only apply once proceedings are activated by an arrest or a summons issued.


References


External links

* {{UK legislation Juvenile law Youth rights United Kingdom Acts of Parliament 1933 Children's rights in the United Kingdom Youth in the United Kingdom